Statements made during plea negotiation are admissible! nolo Exceptions: If another statement is admitted and context/completeness requires admission; during perjury proceeding and statement was made under oath, on the record, and with counsel present (1995) US v. Mezzanatto Issue: Can waive 410 exclusion? Δ Held: can waive evidence rules, waive-able even against subsequent objection Δ Concurring: Ok for impeachment, not ok for case in chief Medical Expenses Offers to pay medical/hospital/similar expenses resulting from injury is inadmissible to prove liability for the injury (FRE 409) 409 does not extend to conduct/statements not part of the act of offering to pay medical expenses (i.e. statements proving culpability, etc.) Liability Insurance Evidence that a person against liability is inadmissible to prove was/wasn’t insured whether the person acted negligently or otherwise wrongfully (FRE 411) Admissible to show bias, prejudice, proving agency, ownership, or control Evidence to impeach and impeachment witness showing the witness Charter – was admissible to show bias represents Δ's malpractice carrier Evidence that had liability insurance inadmissible when sue re lip Higgins – Δ Π’s created during highway re-paving theory that jury will be biased as taxpayers because was the city Π Δ Modern conception Exclude to avoid jury finding liability on the theory that it – really $ isn’t Δ’s EXPERTS/OPINION EVIDENCE Lay Witness Opinion Testimony Analysis (FRE 701) – Based on first-hand observation Helpful to the jury Not the product of specialized expertise FRE 701 Opinion testimony by lay witnesses – If a witness testifying as an expert, opinions are ok if: isn’t Rationally based on perception W’s Helpful to clearly understanding testimony or determining a fact in issue W’s And not based on scientific, technical, or other specialized knowledge within the scope of FRE 702 911 operator and paramedic testimony admissible to show was feigning Meling – Δ grief based on their experience dealing with emergency situations Eyewitness to pistol-whipping admissible to show gun discharge was Knight – accidental, cop testimony of same inadmissible because he present wasn’t Officer testimony translating slang from recorded conversation between Peoples – two inadmissible as lay opinion not based on personal perception Δs –
Statements made during nolo plea negotiation are admissible! Exceptions: If another statement is admitted and context/completeness requires admission; during perjury proceeding and statement was made under oath, on the record, and with counsel present US v. Mezzanatto (1995) Issue: Can Δ waive 410 exclusion? Held: Δ can waive evidence rules, waive-able even against subsequent objection Concurring: Ok for impeachment, not ok for case in chief Medical Expenses Offers to pay medical/hospital/similar expenses resulting from injury is inadmissible to prove liability for the injury (FRE 409) 409 does not extend to conduct/statements not part of the act of offering to pay medical expenses (i.e. statements proving culpability, etc.) Liability Insurance Evidence that a person was/wasn’t insured against liability is inadmissible to prove whether the person acted negligently or otherwise wrongfully (FRE 411) Admissible to show bias, prejudice, proving agency, ownership, or control Charter – Evidence to impeach and impeachment witness showing the witness represents Δ's malpractice carrier was admissible to show bias Higgins – Evidence that Δ had liability insurance inadmissible when Π’s sue re lip created during highway re-paving Π theory that jury will be biased as taxpayers because Δ was the city Modern conception – Exclude to avoid jury finding liability on the theory that it really isn’t Δ’s $ EXPERTS/OPINION EVIDENCE Lay Witness Opinion Testimony Analysis – (FRE 701) Based on first-hand observation Helpful to the jury Not the product of specialized expertise FRE 701 – Opinion testimony by lay witnesses If a witness isn’t testifying as an expert, opinions are ok if: Rationally based on W’s perception Helpful to clearly understanding W’s testimony or determining a fact in issue And not based on scientific, technical, or other specialized knowledge within the scope of FRE 702 Meling – 911 operator and paramedic testimony admissible to show Δ was feigning grief based on their experience dealing with emergency situations Knight – Eyewitness to pistol-whipping admissible to show gun discharge was accidental, cop testimony of same inadmissible because he wasn’t present Peoples – Officer testimony translating slang from recorded conversation between two Δs inadmissible as lay opinion – not based on personal perception
Evidence%20Murphy%20Fall%202013.docx