Ad
related to: ny courts rules of evidence
Search results
Results From The WOW.Com Content Network
Regarding the New York Court of Appeals decision in People v. Reid, the opinion rejects the appellate court's notion that the "door-opening" rule established in Reid is an exception to the Confrontation Clause. Rather, it asserts that it is merely a "procedural rule" dictating the manner in which a defendant may assert his confrontation right ...
In United States law, the Frye standard, Frye test, or general acceptance test is a judicial test used in some U.S. state courts to determine the admissibility of scientific evidence. It provides that expert opinion based on a scientific technique is admissible only when the technique is generally accepted as reliable in the relevant scientific ...
The trial court's gatekeeper role in this respect is typically described as conservative, thus helping to keep pseudoscience out of the courtroom by deferring to those in the field. In Daubert, the Supreme Court ruled that the 1923 Frye standard was superseded by the 1975 Federal Rules of Evidence, specifically Rule 702 governing expert ...
Mutual Life Insurance Co. of New York v. Hillmon, 145 U.S. 285 (1892), is a landmark U.S. Supreme Court case that created one of the most important rules of evidence in American and British courtrooms: an exception to the hearsay rule for statements regarding the intentions of the declarant. [1]
The decision was notable in its impact on the rules of admissibility of evidence. Over one hundred years later, Judge Rosenblatt of the New York Appeals Court stated that the Molineux decision was a "landmark case" which led to the precedent that:
First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. [1] In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local variations, or have revised their own evidence rules or codes to at least partially follow the federal rules.
The New York State Court of Appeals is the state's highest court. In civil cases, appeals are taken almost exclusively from decisions of the Appellate Divisions. In criminal cases, depending on the type of case and the part of the state in which it arose, appeals can be heard from decisions of the Appellate Division, the Appellate Term, and the County Court.
A Molineux hearing is a New York State pre-trial hearing on the admissibility of evidence of prior charged or uncharged crimes by the defendant in a criminal trial. In most cases, evidence of prior uncharged crimes is not admissible because of its potential prejudicial effect. Under certain circumstances, it may be admissible.