McCormick on Evidence

Robert P. Mosteller, University of North Carolina School of Law

Kenneth S. Broun, North Carolina

Jasmine E. Harris, University of Pennsylvania Carey Law School

Edward J. Imwinkelried, University of CA-Davis School of Law

David H. Kaye, Penn State Dickinson-University Park

Kit Kinports, Penn State Dickinson-University Park

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Table of Contents

• An analysis of the case law relaxing Federal Rule 702's standards for admitting expert testimony at bench trials and pretrial hearings on motions for summary judgment and class certification.
• A discussion of the impact of the Supreme Court's 2024 decision in Smith v. Arizona on an expert's reliance on secondhand reports under Federal Rule 703.
• A review of Diaz v. United States, the Supreme Court's 2024 decision construing Federal Rule 704.
• A description of the 2024 amendment to Rule 613, reinstating the common-law view that the opponent must cross-examine the witness about a prior inconsistent statement as a condition precedent to later offering extrinsic evidence of the statement.
• In a section on hearsay, Smith v. Arizona is also examined and clarifies that when an expert’s opinion is only useful in supporting another expert’s opinion if it is true, it may not be introduced under Rule 703 but must satisfy the requirements of the Confrontation Clause.
• Developments in the caselaw discussing whether law enforcement officials may compel a suspect to help them access data stored on an electronic device.
• Developments in the Supreme Court precedent applying Miranda’s concept of custody.
• Recent Supreme Court opinions that have implications for the question whether the fruits of the poisonous tree doctrine applies to Miranda violations.
• Additional analysis comparing how a suspect invokes and waives the Miranda and Sixth Amendment rights to counsel.
• Recent Supreme Court decisions analyzing which defendants have standing to file motions to suppress illegally seized evidence.
• Developments in the caselaw applying the good faith exception to the exclusionary rule and the inevitable discovery exception to the fruits of the poisonous tree doctrine.
• And more!

Learn more about this series.