admissible but not consistent

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More than 10.000 documents for admissible but not consistent

- Michigan v. Bryant, 562 U.S. (2011)
... hand, argued that the statements were admissible as "excited utterances" under theMichigan Rules of...' admission would have beenotherwise consistent with Michigan's hearsay rules or dueprocess.1 ----...
- U.S. Supreme Court
- Deal or no deal: why courts should allow defendants to present evidence that they rejected favorable plea bargains.
... his incriminatory statements at trial consistent with the terms of the waiver. (22) Rebbe moved to ..., finding that his statements would be "admissible to rebut any evidence or arguments he made at tria...
- American Criminal Law Review
- Vol. 48 Nbr. 3, June 2011
- State v. Lukacs, (Ohio 2010)
APPELLATE REVIEW/CRIMINAL CONSTITUTIONAL LAW/CRIMINAL EVIDENCE/WITNESS/TRIAL INDICTMENT/COMPLAINT PROSECUTOR RAPE SEX OFFENSES: The out-of-court statements of a child rape victim to a hospital social worker were admissible under Evid.R. 803(4) as statements made for purposes of medical diagnosis and treatment even though the victim was not competent to testify at trial where the social workers interview with the victim was part of an ongoing attempt to determine the extent of sexual abuse and the appropriate treatment for the victim. Statements made for purposes of medical diagnosis and treatment are not testimonial; therefore, the admission of the victims statements under the hearsay exception in Evid.R. 803(4) did...

... existed and V.L.'s statements were consistent with the physical evidence. We cannot . 1 State v...
- Ohio Supreme Court

- Corley v. United States, 556 U. S. (2009)
... that a confession … shall be admissible in evidence if it is voluntarily given, and §3501... of those issues in the first instance, consistent with this opinion. It is so ordered. ALITO, J., DI...
- U.S. Supreme Court
- Manual for Courts-Martial; Proposed Amendments
The Joint Service Committee on Military Justice (JSC) is forwarding final proposed amendments to the Manual for Courts-Martial, United States (MCM) to the Department of Defense. The proposed changes constitute the 2012 revision of the Military Rules of Evidence (M.R.E.) in the MCM in accordance with DoD Directive 5500.17, ``Role and Responsibilities of the Joint Service Committee (JSC) on Military Justice,'' May 3, 2003. The proposed changes affect all the M.R.E. and are in conformity, to the extent practicable, with the Federal Rules of Evidence. These proposed changes have not been coordinated within the Department of Defense under DoD Directive 5500.1, ``Preparation, Processing and Coordinating Legislation, Executive Orders, Proclamations, Views Letters Testimony,'' June 15, 2007, an...

...'' because it addresses the scope of admissible evidence as determined by the military judge's ord... ``on the merits,'' making the rule consistent with the prior 301(e) which did not have such lang...
- Federal Register Nbr. 77 FR 15053, March 14, 2012
- Notices
- Defense Department
- The Louisiana 'Explanatory Exception': Faithfulness to Louisiana?s Hearsay Framework or Mere Storytime with the Prosecution?
Introduction - II. Anatomy of an Anecdote: What Is the Explanatory - Exception? - A. The Rule: Hearsay - B. The "Exception": Explanation - C. What It Was and What It Is - D. Scope of the Exception - . Relevancy - . Verbal Statements v. Conduct - . Constitutional Restrictions - . Other Evidentiary Limitations - III. Louisiana’s Application of the Explanatory Exception: - A Tumultuous Tale - A. The Supreme Court Trilogy - B. Too Much Hearsay Relevancy - C. Uncaging of the Beast: Inconsistent Appellate - Application - . Blatant Explanatory Exception Abuse - . Specific Categories of Misuse - IV. Resolving the Plot’s Central Conflict: How to Legally - Apply the Explanatory Exception in Louisiana - A. Return to a Proper Relevancy Analysis - . Explanations of an Officer’s Conduct - . Explan...
- Louisiana Law Review
- Nbr. 71-4, July 2011
- Bobby v. Dixon, 565 U.S. (2011)
... that the murderconfession was admissible because Dixon had receivedMiranda warnings pri... here because Seibert is entirely consistent with the Ohio SupremeCourt's decision. Thus, if S...
- U.S. Supreme Court
- USA v. Kaiser, (2nd Cir. 2010)
... from Lee and Redgate's testimony, is consistent with both the government's theory and Kaiser's ass... other crimes, wrongs, or acts" may be admissible for certain purposes, "provided that upon request ...
- Federal Circuits
- Tome v. United States, 513 U.S. 150 (1995)
... a witness are not hearsay if they are consistent with the witness' testimony and offered to rebut a...To's statements were admissible even though they had been made after her alleged m...
- U.S. Supreme Court
- Williamson v. United States, 512 U.S. 594 (1994)
... of Rule 804(b)(3)-which renders admissible "statement[s] which .. so far ten[d] to subject th...S. C. App., p. 790. That appears consistent with McCormick's recognition that "even though a d...
- U.S. Supreme Court