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It held that when "discovery rules are violated, the trial judge may exclude the evidence which the violating party wishes to introduce". [17] The Appellate Court's ruling further gave the trial judge discretion in the appropriate remedy in such a case – whether to exclude entirely the 'surprise' witnesses.
Brown v. Illinois, 422 U.S. 590 (1975), was a case in which the Supreme Court of the United States held that the Fourth Amendment's protection against the introduction of evidence obtained in an illegal arrest is not attenuated by reading the defendant their Miranda Rights.
In general, the purpose of rules of evidence is to regulate the evidence that the jury may use to reach a verdict. Historically, the rules of evidence reflected a marked distrust of jurors. [9] [10] The Federal Rules of Evidence strive to eliminate this distrust, and encourage admitting evidence in close cases. Even so, there are some rules ...
According to Rule 401 of the Federal Rules of Evidence (FRE), evidence is relevant if it has the "tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." [9] Federal Rule 403 allows relevant evidence to be excluded "if its ...
The Illinois Circuit Court decided that the search was unlawful based on the test established in the Supreme Court ruling in Spinelli v. United States. In essence, the affidavit did not provide enough evidence to establish probable cause, which led to the exclusion of evidence obtained on the basis of that warrant.
Hearsay is testimony from a witness under oath who is reciting an out-of-court statement that is being offered to prove the truth of the matter asserted. The Federal Rules of Evidence prohibit introducing hearsay statements during applicable federal court proceedings, unless one of nearly thirty exemptions or exceptions applies. [1]
The Illinois Register is the weekly publication containing proposed and adopted rules. [3] There also exist administrative law decisions. [7] Both the Illinois Administrative Code and Illinois Register are maintained by the Illinois Secretary of State. The Illinois Administrative Code was last printed in 1996. [8]
The defendants then filed a petition under the Illinois Post-Conviction Hearing Act (Ill. Rev. Stat. ch. 38 §§ 826–832), under which only questions arising under the State or Federal Constitution could be raised, to obtain a certified copy of the entire record for their appeal, alleging that there were manifest nonconstitutional errors in the trial that entitled them to have their ...