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Summary judgment, firefighter, substance abuse, disability, drug and alcohol testing policy, discharged, Ohio Civil Rights Act, R.C. 4112, safe harbor provisions, intensive outpatient treatment, motion to strike exhibits, untimely filed, abuse of discretion, Civ.R. 56(C), Civ.R. 61, harmless error rule, defect, cured.
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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...
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Trial courts admission of improper other-acts evidence under Evidence Rule 404(B) was not harmless error because, in the absence of the improper evidence, there was not overwhelming proof of guilt and the inflammatory material was not limited to a brief, isolated comment.
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People v Holloway, No. 1-05-3439; 2009 WL 2259100 (1st D 2009)
On July 24, 2009, the Illinois Appellate Court, First District, affirmed the judgment...
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Allowing the victim to read her written statement during her direct testimony was improper because no rule of evidence warranted such reading; the error was not harmless because it deprived the defendant of a fair trial where the content of the written statement was vital to the prosecutions case to prove the elements of kidnapping.
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... were misjoined in violation of Federal Rule of Criminal Procedure 8(b), which provides that tw... Misjoinder under Rule 8(b) is subject to harmless-error analysis and is not reversible error per se....
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... business records exception to the hearsay rule. See ...Nevertheless, because we conclude that the error was harmless, we AFFIRM Blechman's convictions. . ...