Home: Evidence Case Briefs

Adamczuk v. Holloway Procedural: Plaintiffs brought an action in trespass against defendants for personal injuries and property damage arising...

Amoco Production Co. v. United States Facts: Parties disputed the contents of a deed. Because an authenticated copy of the deed was readily...

Anderson v. Berg Facts: P was injured when she slipped on D’s waxed floor. At trial, D introduced the bottle of wax without proof that its...

1. Baker v. Elcona Homes Corp., (1978); pg. 323, briefed 2/11/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2....

1. Baker v. State, (1977); pg. 557, briefed 3/7/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: The...

BALLOU V. HENRI STUDIOS, INC. 656 R2d 1147 (1937) Procedure: Automobile driver's and passenger's survivors brought diversity suit against...

Bannister v. Town of Noble, Okl. Facts: In this appeal we review a jury verdict for Bannister, a Texas resident, in a diversity suit alleging...

1. Barber v. Page, (1968); pg. 354, briefed 2/15/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Barber and...

1. Betts v. Betts, (1970); pg. 169, briefed 1/28/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: An...

Big Mack Trucking Co., Inc. v. Dickerson 497 S.W.2d 283 (Tex. 1973) PROCEDURE:Appeal from judgment of the Court of Civil Appeals (Texas), which...

Procedural History: Defendant is convicted of raping his stepdaughter. Defendant appeals on grounds that the victim’s statements to a physician which...

1. Bourjaily v. United States, (1987); pg. 242, briefed 2/8/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

Bourjaily v. United States 483 U.S. 171 (1987) PROCEDURE:Defendant petitioned for a writ of certiorari from a decision of the United States...

Braswell v. United States Facts: Braswell was the sole shareholder of Worldwide Machinery and Worldwide Purchasing. Braswell, his wife, and his...

BRIDGES v. STATE PROCEDURE: Defendant pleaded not guilty, but was found guilty upon a trial by jury; and upon its verdict the court adjudged...

Briggs v. Elliott (S.Ct 1952) Facts: During Supreme Court argument about effects of school segregation, Court considered accredited writings not...

Brown v. Farwell 525 F.3d 787 (9th Cir. 2008) PROCEDURAL: A jury found petitioner inmate guilty of two counts of sexual assault on a child under...

Procedural History: Two defendants are tried and convicted of armed postal robbery. One defendant’s confession is admitted at the trial. Conviction...

1. Cain v. George, (1969); pg. 129, briefed 1/21/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Son dies in...

Carter v. Kentucky Facts: Carter (D) charged with burglary. D declined to testify. When the case went to the jury, D requested that the court...

1. Chambers v. Mississippi, (1973); pg. 454, briefed 2/25/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

Clark v. State Facts: Clark murdered his wife on the day she secured their divorce. He then placed a phone call to his attorney in which he...

CLAY v. JOHNS-MANVILLE SALES CORP. FACTS: Clay (P) and Bailey (P) sued for asbestos exposure. At trial the court refused to admit the deposition...

Cleghorn v. New York Central & H. River Ry. Co. 56 N.Y. 44 (1874) PROCEDURE:Defendant appealed the decision of the General Term in the Fourth...

COMMONWEALTH v. FARRIS FACTS: Farris (D) was charged with, among other things, conspiracy to commit robbery. At trial the prosecution called a...

Couch v. United States Facts: Couch (D) was under investigation by the IRS for possible income tax evasion. A summons requesting D’s business...

1. County of Ulster v. Allen, (1979); pg. 810, briefed 4/14/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

Cramer v. Tyars (1979) Facts: D was a mentally retarded man who was known to be violent. The state moved to have him committed. Issue: May a...

Procedural History: Defendant appeals conviction for murder claiming that his wife’s testimonial statement was admitted without him having a chance...

1. Daubert v. Merrell Dow Pharmaceuticals, (1993); pg. 4/8/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

Davidson v. Prince 813 P.2d 1225 (Utah App. 1991) PROCEDURE: Appellant challenged denial of his motion for a new trial by the Fourth District...

Procedural History: Defendant appeals conviction for battering his girlfriend after her 911 call was admitted against him. Defendant claims that his...

Doe v. United States Facts: Doe was under investigation for manipulating oil cargoes and receiving unreported income. A grand jury issued a...

Procedural History: Defendant is convicted of selling marijuana in a sting. Defendant appeals conviction on basis that evidence of his post-arrest...

Dyer v. MacDougall 201 F.2d 265 (2d Cir. 1952) PROCEDURE:Plaintiff appealed a judgment of a United States district court that granted summary...

Ellis v. State 643 P.2d 330 (Okla. Crim. App. 1982) PROCEDURE:Defendant appealed a judgment entered in the District Court of Kiowa County...

Fisher v. United States Facts: Fisher, an attorney, received an IRS summons to produce certain documents which had been delivered to him by a...

1. Flaminio v. Honda Motor Co., (1984); pg. 501, briefed 2/29/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2....

Fusco v. General Motors 11 F.3d 259 (1st Cir. 1993) FACTS: While Fusco (P) was driving her Chevrolet, it suddenly left the roadway, slid across...

Garner v. United States Facts: At a trial to convict Garner (D) of illegal betting activities, the Government sought to introduce D’s tax...

Procedural History: Defendant appeals conviction for killing is ex-girlfriend on basis that her statements to police on a previous assault charge...

1. Government of the Virgin Islands v. Gereau, (1975); pg. 829, briefed 4/14/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) ...

1. Griffin v. California, (1965); pg. 934, briefed 4/28/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

HAHNEMANN UNIVERSITY HOSPITAL V. DUDNICK 678 A.2d 266 (1996) PROCEDURAL POSTURE: Defendant patient challenged the decision of the Superior Court...

Hall v. General Motors Facts: P sought damages when the car she was driving suddenly veered off the road and crashed as the result of an...

HANSON v. JOHNSON PROCEDURE: Action by John H. Hanson against Ed. Johnson and another. Defendants appeal. Judgment Affirm. FACTS: Hanson (P)...

1. Harris v. New York, (1971); pg. 636, briefed 3/21/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Harris...

HASKELL V. SIEGMUND 170 N.E.2d 393 (1960) PROCEDURAL POSTURE: Plaintiff injured party filed a garnishment action against defendant insurer to...

Herzig v. Swift & Co. 146 F.2d 444 (2nd Cir. 1945) PROCEDURAL POSTURE: Plaintiff appealed from an order of the United States District Court for...

Hickman v. Taylor Facts: After a tug boat sank, killing five of its crew, Taylor, the owner of the tug, employed an attorney to prepare for any...

1. Houser v. State, (1975); pg. 841, briefed 4/14/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: An action...

1. Idaho v. Wright, (1990); pg. 441, briefed 2/25/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: A 2 1/2...

1. In Re Durant, (1983); pg. 893, briefed 4/21/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Durant is the...

In Re Marriage of Tresnak Facts: In custody case, court took judicial notice that wife’s plans to go to law school result in her spending a...

Procedural History: Hearing about whether the attorney-client privilege should apply in a situation where the amount of attorney’s fees could...

In Re Ryder (1967) GN Facts: Ryder (D) faced disbarment because of actions taken to defend a client charged with armed bank robbery. Ryder had...

Procedural History: Hearing about whether evidence of a conversation with a psychotherapist social worker is admissible in court or protected by...

JAFFEE V. REDMOND 518 U.S. 1 (1996) PROCEDURAL POSTURE: The Court granted writ of certiorari from the United States Court of Appeals for the...

1. James Julian, Inc. v. Raytheon Co., (1982); pg. 564, briefed 3/7/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2....

1. Jenkins v. Anderson, (1980); pg. 643, briefed 3/21/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

Johnson v. Elk Lake School District, 283 F.3d 138 (3d Cir. 2002). Facts: Plaintiff, a minor, alleged that Defendant, her high school...

Kastigar v. United States Facts: Kastigar was subpoenaed to appear before a grand jury but refused to testify, asserting the privilege against...

Keegan v. Green Giant Co. Facts: P was injured when she swallowed a sharp piece of metal which was hidden in a can of peas. P attempted to...

Knapp v. State Facts: The D Knapps claims self defense and was told the victim actually killed a different person. In this case the prosecution...

Knihal v. State Facts: In a trial for murder, D objected to the admission of pictures of the scene of the crime on the basis that no one...

Procedural History: Plaintiff sues manufacturer of tires after an accident. Plaintiff appeals dismissal of the products liability suit on grounds...

1. Lewis v. Baker, (1975); pg. 318, briefed 2/11/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Lewis was a...

Lira v. Albert Einstein Medical Center 559 A.2d 550 (Pa. 1989). Procedure: Patient injured when tube was forced into her trachea while physician...

1. Lloyd v. American Export Lines, Inc., (1978); pg. 361, briefed 2/15/96 2. Facts: Lloyd and Alvarez were both merchant sailors on a...

1. Luce v. United States, (1984); pg. 621, briefed 3/21/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Luce...

Procedural History: Plaintiff child sues defendant employee and defendant corporation for an attack by their wolf. Evidence of three statements by...

Matter of Farber Facts: Farber was a reporter for the New York Times whose investigative reporting led to a murder prosecution. D wanted...

McAndrews v. Leonard Procedure: This is an action of tort to recover for personal injuries resulting from an automobile accident by one who, at...

Procedural History: Defendant is convicted of cocaine possession. Defendant appeals conviction by contesting an affidavit/certification that was...

1. Meyers v. Unites States, (1948); pg. 990, briefed 4/28/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

MEYERS V. UNITED STATES 171 F.2d 300 (D.C. Cir. 1943) PROCEDURAL POSTURE: Defendant appealed a United States District Court for the District of...

Michael M. v. Superior Court of Sonoma County Facts: California statute criminalizing statutory rape made adult men criminally liable for...

Mutual Life Insurance Co. of New York v. Hillmon FACTS Mutual Life Insurance Co. (D) refused to pay Hillmon (P) proceeds from her husband's life...

1. Mutual Life Insurance Co. v. Hillmon, (1892); pg. 278, briefed 2/9/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) ...

Procedural History: Plaintiff claims sexual harassment by her supervisor aboard a clean-up ship during the Exxon-Valdez spill. Plaintiff wins in...

1. Nuttall v. Reading Co., (1956); pg. 259, briefed 2/8/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

1. Ohio v. Roberts, (1980); pg. 433, briefed 2/22/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Roberts...

1. Ohio v. Scott, (1972); pg. 301, briefed 2/9/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Defendant was...

Procedural History: Defendant is convicted for possessing a firearm while a felon and appeals conviction on the basis that the details/title of his...

PALMER V. HOFFMAN 313 U.S. 109 (1943) PROCEDURAL POSTURE: The Supreme Court granted certiorari to consider the decision of the Appellate...

1. Patterson v. New York, (1977); pg. 782, briefed 4/14/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

1. People v. Collins, (1968); pg. 96, briefed 1/21/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: An old...

PEOPLE v. HOWARD 712 N.E.2d 380 (1999) FACTS: Howard (D) was accused of robbery. The victim identified the license plate of the getaway car, and...

People v. Hughes, 453 N.E. 2d 484 (1983) Facts: Victim was attacked and raped. Hospital records of victim’s post-assault admission indicated that...

People v. Lines Facts: D informed the court that he was likely to plead insanity. The court appointed two psychiatrists to examine D and assist...

1. People v. Meredith, (1981); pg. 863, briefed 4/21/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Scott...

People v. White (1968) WMAB Procedural: Prosecution for possession of marijuana. Judgment of conviction reversed with directions insofar as it...

1. Petrocelli v. Gallison, (1982); pg. 311, briefed 2/9/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: A...

Prichard v. United States Facts: Prichard (D), a lawyer, after committing acts of election fraud, sought the advice of a judge who was then...

REED V. MCCORD 160 N.Y. 330, 54 N.E. 737 (1899) Procedure: Appeal from supreme court, appellate division, Second department. Action by Mary...

Ren-Guey v. Lake Placid 1980 Olympic Games, Inc. Facts: P sued in an effort to halt the 1980 Winter Olympics. P’s complaint was founded on...

1. Ricketts v. Delaware, (1985); pg. 528, briefed 3/3/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: The...

1. Rock v. Arkansas, (1987); pg. 531, briefed 3/3/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: The...

Rock v. Arkansas Facts: Rock (D) shot and killed her husband in a fight. Her memory of the shooting was poor, so she underwent hypnosis. Under...

Rodriguez v. State Facts: D visited the home of Ramon Gavia. Mr. Gavia was not home, but his daughter invited D in to wait for him. Ms. Gavia...