***
The University of Florida
Fredric G. Levin College of Law

Evidence
Fall 2011

Professor Pedro A. Malavet

Assignments and Notes - Main Page

Quicklinks
General	Week 1	Week 2	Week 3
Week 4	Week 5	Week 6	Week 7
Week 8	Week 9	Week 10	Week 11
Week 12	Week 13	Week 14	Week 15

Last Updated: November 28, 2011.

Reading assignments are updated through the end of the Fall semester.

NEW RTF File with OLD Annotated FRE

New RTF File with Re-Styled Rules
(Correcting typos in your Rule Book;
but I leave it to you to annotate the new rules)

(Files uploaded and updated September 2, 2011)

I have posted two simple Rich Text Format files with the FRE. The first contains the rules as I have annotated them over the years in the ebook that use in class. The second includes the re-styled rules which I have corrected. Both files use "Headings" to allow you to easily move within the rules.

General Comments

PRINTING TIP:
Use the "print preview" command to view the precise pages that you wish to print out to refer to the latest reading assignments.

This page displays your weekly assignment sheets and provides links to the detailed notes for each class session and topic.

Assignment Sheets. I will issue weekly assignment sheets with specific assignments, by posting them in the website. I will attempt to structure assignments by class session. Students, especially those who sign-up for a particular class, should check with me to make sure what material will be covered. Students must read the assigned pages in the text as well as the pertinent Federal Rules of Evidence in your Supplement. The Notes and Comments in the Rules are extremely helpful and should likewise be included in your reading.

Our two-hour sessions will be split into one-hour segments designated "A," for the first hour and "B," for the second.

---

Week One: August 22-23, 2011

Session	Topic/Pages
	1.0 Evidence Law and the System
Session 1-A August 22	Class rules, testing, grading and administrative matters. See the Syllabus. [Click here for my list of "Recommended Readings"]
Session 1-B August 22	1.1 Introduction: Why Evidence & The Trial, 1-18 + What is the Record?, 12-15
Session 2-A August 23	1.2 Making the Record & Admitting Evidence, 18-29 --->Problem 1-A: How did it happen? (p. 25)
Session 2-B August 23	1.3 How Evidence is Excluded +, 29-48 + Consequences of Evidential Error, 40-46 + Obtaining Review of Evidence Points, 46-48 --->Problem 1-B: He didn't object! (p. 46)

Week Two: August 29-30, 2011

Session	Topic/Pages
	2.0 Relevance
Session 3-A August 29	2.1 Defining Relevance Under the Rules, 49-52; 57-63 --->Problems 2-A: Was he going too fast? (p. 60); NEW Problem 2-B: Boys on the Bridge (p. 60-1). FRE 401 (Annotated) Skip Old Chief at page 52, and Problem 2-D at page 68.
Session 3-B August 29	2.2 Excluding or Limiting Relevant Evidence: Pragmatic Relevance, 63-72, 76-79 --->Problem: 2-C: Flight and Guilt (p. 63). --->Case: State v. Chapple (p. 69) Please be advised that I will show real crime-scene and autopsy photos to illustrate the issues in State v. Chapple. (Skip Old Chief again)
Session 4-A August 30	2.3 Excluding or Limiting Relevant Evidence (continued), 79-80 (but note that this goes with the readings for 2.2). --->Problems 2-E: The battered wife went to the shelter (pp. 78-79) 2-F: The exploding gas tank and the guilty plea (p. 79).
Session 4-B August 30	2.4 Excluding or Limiting Relevant Evidence (continued), 80-89 --->Problems: 2-G: My insurance will cover it: Why saying "I'm sorry may cost you (p. 80).; 2-H: Completeness: Power rollback caused the crash (p. 82); I will lecture the notes on the Functions of Judge and Jury at pages 84-90 but will skip the Raid on the Cedar Woods Apartment problem. [Click here to see the 2008-2010 notes on 104(a) (Bourjaily) and 104(b) (Huddleston) and "Conjunction".] [Click here to see the 2011 Updated notes for conditional relevance in the 7th Edition]

Week Three: September 6, 2011
(please note that Monday September 5 is the Labor Day holiday)

Session	Topic/Pages
	3.0 Hearsay
Session 5-A September 6	3.1 Defining Hearsay, 105-110, 114-116 ---> Problems 3-A: Three see a robbery (p. 108); 3-B: Kenworth and Maserati (p. 110) Skip: Wright (p. 110-114), BUT YOU MUST READ THE NOTES AFTER IT.
Session 5-B September 6	3.2 Defining Hearsay, 117-123 ---> Cases: Cain (p. 117); Check (p. 119)

Week Four: September 12-13, 2011

Session	Topic/Pages
	3.0 Hearsay (cont.)
Session 6-A September 12	3.3 Defining [NOT?] Hearsay, 123-125 What is the difference between a "verbal act" and "assertive conduct"? One is hearsay, the other is not. See if you can tell which is which. ---> Problems 3-C: The blue car ran a red light (p. 124); 3-D: Any way you like (p. 124-25); 3-E: Whose corn? (p. 125);
Session 6-B September 12	3.4 Defining [NOT?] Hearsay, 126-130 --->Problems 3-F: I'm from the gas company (p. 126); 3-H: Anna Sofer's Will (p. 128); 3-I: A papier-mache man (p. 128-29) (I may leave papier mache man for Tuesday, depending on the discussion) Skip Problem 3-G: for masochists only (p. 126-27).
Session 7-A September 13	3.5 Defining Hearsay: FRE 801, 130-131, 132-142 --->Prior Statements by testifying witness, pp. 132-134 ---> Case: Singer (p. 136) ---> Problems 3-J: My Husband is in Denver (p. 139); 3-L: King Air (p. 141) (I may leave the King Air problem for the second hour of the session.)
Session 7-B September 13	3.6 Defining Hearsay, 142-147 ---> Case: Pacelli (p. 142) ---> I will lecture on OLD Problem 3-M, which has been superseded by Note 2: I didn't tell them anything about you (p. 145)

Week Five: September 19-20, 2011

Session	Topic/Pages
Session 8-A September 19	3.7 Defining Hearsay, 147-150 ---> Case: Betts (p. 147) (We may start the quiz during the first hour, if we get through Betts quickly) 3.8 Hearsay Quiz (p. 151): Test your Skills I will only discuss a few of these in class. The Seventh Edition has changed a few of the quiz questions; I have updated the discussion points.
Session 8-B September 19	3.8 Hearsay Quiz (p. 151): Test your Skills I will only discuss a few of these in class.
	6.0 Competency of Witnesses
Session 9-A September 20	6.1 Competency under the Rules, 471-479 ---> U.S. v. Lightly (Criminally insane witness?, p. 474); ---> U.S. v. Fowler (Oath/Affirmation, p. 475); ---> Rickets v. Delaware (Child witness, p. 476)
Session 9-B September 20	6.2 Special Cases & Jury Mistake/Misconduct, 489-495 ---> Problem 6-A: Outside Influence, FRE 606(a) (p. 490) ---> Case: Tanner v. U.S. (p. 490) Focus on the case, I will lecture on the other material.

Week Six: September 26-27, 2011

Session	Topic/Pages
	7.0 Direct and Cross-Examination
Session 10-A September 26	7.1 Direct and Cross, 499-500, 506-513 ---> Case: Raytheon (p. 506) Skip Baker v. State, p. 500-506.
Session 10-B September 26	7.2 Excluding Witnesses, 513-520 ---> Case: Susanna and the Elders, p. 514 ---> Problem 7-A: Daily Transcripts (p. 515); Problem 7-B: "Neither Victims nor Parents of a Victim" (p. 519) I will lecture on Susanna and the Elders, but think about trees.
	8.0 Impeachment
Session 11-A September 27	8.1 Impeachment Generally, 521-531 ---> Case: Abel (p. 523) ---> Problem 8-A: The Hired Gun (Vending Machine Experts) (pp. 530)
Session 11-B September 27	8.2 Impeachment: Sensory Defects & Prior Bad Acts, 531-543 ---> NEW Case: United States v. Manske, p. 536 ---> Manske replaces Murphy v. Bonanno

Week Seven: October 3-4, 2011

Session	Topic/Pages
	8.0 Impeachment
Session 12-A October 3	8.3 Proving Prior Convictions, 543-555 ---> Case: Lipscomb (p. 547) Please note that although we will cover Problem 2-B during the second hour, you must read the notes with Lipscomb.
Session 12-B October 3	8.4 Prior Convictions, 552-558 ---> Problem 8-B: "Hit the Deck" (p. 552) ---> Problem 8-C: A History of Lying (pp. 555-6); ---> Old Problem 8-D: Five-time loser was superseded, but it illustrates a special problem with FRE 609(b) that I will lecture on in class.
Session 13-A October 4	8.5 Credibility Character Witnesses & Prior Inconsistent Statement, 558-560, + A special challenge, 564-569 ---> Problem 8-D: Faker or Thug? 609(a) or 608(b)? (558) ---> Problem 8-E: "He's Trying to Sandbag Us!" (pp. 567) (formerly 8-F). ---> Pattern Jury Instructions: Click here
Session 13-B October 4	8.6 Contradiction, 584-589, ---> Problem 8-F: "That's Just Collateral, Your Honor" (p. 588; formerly 5-G) As I mentioned in class, I hope that I will have about 25 minutes of this class to review Hearsay prior to our return to it in chapter 4.

Week Eight: October 10-11, 2011

Session	Topic/Pages
	4.0 Hearsay Exemptions and Exceptions
Session 14-A October 10	4.01 Hearsay: Prior Inconsistent Statement, 155-166 The cases and problem for these sessions have not changed in the Sixth Edition. However, please pay special attention to the new introductory note addressing the Crawford doctrine.) ---> FRE 801(d)(1)(A) ---> Case: State v. Smith (p. 159) ---> Problem 4-A: "I Got Amnesia" (p. 164)
Session 14-B October 10	4.02 Hearsay: Prior Consistent Statement, 166-177 ---> FRE 801(d)(1)(B) ---> Case: Tome v. U.S. (p. 169) (See if the Supreme Court distinguishes Relevance and Ultimate Admissibility properly)
Session 15-A October 11	4.03 Admissions by a Party Opponent, 182-188 ---> FRE 801(d)(2)(A) ---> Problem 4-B: Fire in the warehouse (p. 183) ---> New Problem 4-C: An Encounter Gone Bad (p. 187) ---> Case: Bruton v. U.S. (p. 188) (started with lecture comments)
Session 15-B October 11	4.04 Admissions by a Party Opponent, continued 188-194 ---> Case: Bruton v. U.S. (p. 188) (finished) ---> Problem 4-D: His Master's Car (p. 192)

Week Nine: October 17-18, 2011

Session	Topic/Pages
	4.0 Hearsay Exemptions and Exceptions
Session 16-A October 17	4.05 Hearsay: Admissions by Employees & Agents, 203-211 ---> FRE 801(d)(2)(C) & (D) ---> Case: Mahlandt v. Center (p. 204) ---> Problem 4-G: I was on an errand for my boss (p. 210)
Session 16-B October 17	4.06 Hearsay: Co-Conspirator Statements, 211-218 ---> FRE 801(d)(2)(E) ---> Case: Bourjaily v. U.S. (p. 213-15) (Bourjaily has been edited down by the authors, but they have left the essential material related to the 104 question, and the other technical aspects of FRE 801(d)(2)(E)) ---> Problem 4-H: Drugs accross the border (p. 216)
Session 17-A October 18	4.07 Hearsay: Unrestricted Exceptions, 218-231 ---> FRE 803(1) Present Sense Impressions ---> Case: Nuttall v. Reading Co. (p. 219) WE WILL START EXCITED UTTERANCES DURING THE FIRST SESSION, INCLUDING THE ARNOLD CASE.
Session 17-B October 18	4.08 Hearsay: Unrestricted Exceptions, 224-234 ---> FRE 803(2) Excited Utterance ---> U.S. v. Arnold (p. 224) SUPERSEDES OLD Case: U.S. v. Iron Shell ---> Problem 4-I: I felt this sudden pain (p. 231)

Week Ten: October 24-25, 2011

Session	Topic/Pages
	4.0 Hearsay Exemptions and Exceptions
Session 18-A October 24	4.09 Hearsay: State of Mind FRE 803(3), 234-243 ---> Problem 4-J: He says he'll kill me (p. 238) ---> Case: Mutual Life v. Hillmon (p. 240) Most people thought that Hillmon was pretty extreme and that it was rejected by the FRE, and then came Pheaster.
Session 18-B October 24	4.10 Hearsay: State of Mind, FRE 803(3), 243-252 ---> Case: U.S. v. Pheaster (p. 243) ---> Problem 4-K: Fright Points the Finger (p. 250) I may skip Problem 4-K, but we must get through Pheaster.
Session 19-A October 25	4.11 Hearsay: Declarant "Unavailable"? 303-312 ---> Problem 4-M: The government let her go (p. 307) ---> Case: Barber v. Page (p. 308) Is it possible to be "unavailable" under FRE 804 and "available for cross-examination" for Confrontation Clause purposes?
Session 19-B October 25	4.12 Hearsay: Forfeiture Doctrine, 336-354 Giles v. California, p. 339. You should read Problem 4-N. "If You Want to Stay Healthy", but we will spend the class on Giles and on the authors' notes about whether or not the framers anticipated this scenario.

Week Eleven: October 31-November 1, 2011
(Please note that I will cancel office hours on Halloween so I can get home in time for trick-or-treaters)

Session	Topic/Pages
	4.0 Hearsay Exemptions and Exceptions
Session 20-A October 31	4.13.a. G. Impact of the Confrontation Clause, 366-387 ---> OLD CASE: Ohio v. Robert has been overruled by Crawford as the constitutional standard. But, read these notes and the authors' discussion of Roberts at pages 366-72 to see if it remains a part of the rules. The background is important, but we will focus on Crawford. 4.13.b. G. Crawford and the "Testimonial" Approach, 363-79 ---> Crawford v. Washington (p. 363)
Session 20-B October 31	4.14 Applying Crawford: The Emergency Doctrine: Davis v. Washington, 387-393 I expect to spend some time on Crawford during this session as well.
Session 21-A November 1	4.15 Hearsay: Government Declarants in Criminal Cases: pp. 285-302 Melendez-Diaz v. Massachusetts, pp. 287-297 (for decades, Public Records would be used in criminal prosecutions as a substitute for the testimony of a number of government experts, Crawford changed that).
Session 21-B November 1	4.16.a. Michigan v. Bryant, pp. 393-404 I have posted updated notes for Bryant (October 28, 2011) A note on Bullcoming v. New Mexico (the June 2011 decision) (Bryant was resolved over the summer; note that two newest justices were on the court, but only Justice Sotomayor could vote as Justice Kagan recused herself because she had signed an amicus brief in support of the petitioner State of Michigan when she was Solicitor General). 4.16b. Applying Crawford: Cross-examination under the 6th Amendment, 404-413 ----> Problem 4-Q: Your witness, p. 408

Week 12: November 7-8, 2011
(Please note that there have been some changes from last year because the authors added a new problem to illustrate Huddleston and the 104(b) standard)

Session	Topic/Pages
	5.0 Relevance Revisited: Character
Session 22-A November 7	5.1 Character of Defendant & Victim, 415-420 ---> Problem 5-A: Fight in the Red Dog Saloon (p. 418) ---> Problem 5-B: Red Dog Saloon II (p. 419)
Session 22-B November 7	5.2 Proving Character, 420-423 ---> Problem 5-C: Red Dog Saloon III (p. 420) ---> Problem 5-D: What Price Truth? (p. 421) 5.2.b Character as Element of the, Charge, Claim or Offense, 424-28 ---> Problem 5-E: "She's a Known Thief" (p. 425) This part of the readings is mostly to warn you not to overuse FRE 405(b)
Session 23-A November 8	5.3 Prior Acts to show ... (in general, intent, plan), 428-34 ---> Problem 5-F: Drug Sale of Scam? (intent, p. 429) ---> Problem 5-G: "He Came Running in All Hunched Over" (modus operandi, p. 431) ---> Problem 5-H: The Corrupt Judge (plan, design, p. 432)
Session 23-B November 8	5.4 Prior Acts to show ... and proving the Acts, 434-38 ---> Problem 5-I: It Was An Accident (other purposes, p. 434) ---> Problem 5-J: I didn't know they were stolen (proving prior acts, p. 436) (This problem is based on Huddleston and explains the standard for FRE 104(b)

Week 13: November 14-15, 2011

Session	Topic/Pages
	5.0 Relevance Revisited (continued)
Session 24-A November 14	5.5 Character of Alleged Victim in Sex Offense Cases, 438-443 ---> Problem 5-K: Ordeal of Leslie or Fred (p. 439) ---> Problem 5-L: Acting Out on the Assembly Line (p. 442) (a sexual harassment civil case).
Session 24-B November 14	5.6 Character of Defendant in Sex Offense Cases, 443-447 ---> Problem 5-M: "I Told Him to Stop" (p. 444)
Session 25-A November 15	5.7 Habit and Routine Practice, 447-52 ---> Problem 5-N: Death on the Highway (p. 448) ---> Problem 5-O: The Burning Sofa (NEW PROBLEM p. 449) ---> Problem 5-P: Was he Served? (p. 451) (I will focus on the first two problems, the third one is an exceptional situation).
Session 25-B November 15	5.8 Subsequent Remedial Measures, 452-61 ---> Case: Tuer v. McDonald(p. 453)

Week 14: November 21-22, 2011
(I never teach on the Wednesday before before the holiday, but,
YES, there IS class on Monday and Tuesday before Thanksgiving!)

Session	Topic/Pages
	5.0 Relevance Revisited (continued)
Session 26-A November 21	5.9 Settlement & Plea-Bargaining Negotiations, 461-464 ---- Settlement Negotiations ---> Problem 5-Q: Potato Problems (p. 461) ---> Problem 5-R: "This is Criminal: You Can't Exclude Civil Settlements Here" (p. 462)
Session 26-B November 21	5.10 Plea-Bargaining Negotiations, etc., 464-470 ---- Plea-Bargaining ---> Problem 5-S: "I used his stuff": Bargaining or Confessing?: My lawyer is an idiot (p. 465) ---> Problem 5-T: "Just Keep Them Out of It" (chivalry is not dead?) (p. 465).
	9.0 Opinion and Expert Testimony
Session 27-A November 29	9.1 Lay Opinion Testimony, 613-19 ---> Problem 9-A: "It was my impression" (p. 616); ---> Problem 9-B: The Watchful Neighbor (p. 616) (BONUS: the smell of marijuana!).
Session 27-B November 29	9.2.1 Experts: Identifying, "Assisting," Bases of Testimony, 619-627 ---> Problem 9-C: "They Saw it The Same Way I Did" (p. 624); ---> Old Problem 9-D: .24% Alcohol has been deleted, but it relates well to Crawford 9.2.2 Other considerations, 627-636 (Review for Background for this class, and as a prelude to Daubert).

Week 15: November 28, 2011
(Please note that Tuesday, November 29 is a legislative Thursday;
Thursday classes meet, Tuesday classes cancelled)

Session	Topic/Pages
	Practical Project Discussion Rather than covering scientific evidence, I will dedicate this session to your practical project. I will briefly discuss the practical formatting and submission issues and will then dedicate the bulk of the time to discussing how you should have crafted the arguments for the defense and the prosecution.
	9.0 Opinion and Expert Testimony
Session 28-A November 28	9.3 Scientific Evidence-1: Daubert, 637-649 ---> Case: Daubert (p. 638)
Session 28-B November 28	9.4 Scientific Evidence-2: Kumho Tire, 649-660 ----> Kumho Tire, p. 649

Review Session

Review Session Friday, December 2, 2011 1:00 p.m. to 5:00 p.m.

Review Session and More Exam Discussion (Note that I will NOT answer substantive questions after the review session). I will take the first half hour to one hour to go over basic exam instructions and my general exam expectations; I will also take this time to describe how you could have constructed a good exam answer using the facts of the Practical Project. Then, I will take specific questions. Please be prepared to reference a Rule of Evidence, a common law doctrine, a case or a casebook page number. I will only address matters that I covered in class. I will stay as long as students have questions, but students may leave any time they wish. EXAMSOFT use will be permitted‚ and is indeed highly encouraged‚ to answer the essay question. Each student will be responsible for keeping track of their answer's length and shall be required to log into the examsoft template at the start of the examination. The template should be available for download on Friday. EXAM ROOMS: The 285 A, B, and C. I will hand out the exams and issue instructions for the entire group in ROOM 285 B, our regular classroom. You are welcome to stake out your exam spaces early, but you must come to 285B to collect the exam and to listen to the instructions. EXAM: December 7, 2011, 8:30 a.m. to 12:30 p.m.

EXAMSOFT use will be permitted‚ and is indeed highly encouraged‚ to answer the essay question. Each student will be responsible for keeping track of their answer's length and shall be required to log into the examsoft template at the start of the examination.

---

---

UNITS THAT WERE RESCHEDULED OR CANCELED

Session 9-A September 22	5.1 Character of Defendant & Victim, 403-408 ---> Problem 5-A: Fight in the Red Dog Saloon (p. 406) ---> Problem 5-B: Red Dog Saloon (p. 407)
Session 9-B September 22	5.2 Proving Character, 408-411 ---> Problem 5-C (p. 408) ---> Problem 5-D (p. 409)

Session	Topic/Pages
Session 10-A September 29	5.3 Character as Element of the, Charge, Claim or Offense, 412-416 ---> Problem 5-E: "She's a Known Thief" (p. 413) 5.4 Prior Acts to show ... (preview), 416-422 ---> Problem 5-F: Drug Sale of Scam? (intent, p. 417)
Session 10-B September 29	5.4 Prior Acts to show ..., 419-422 ---> Problem 5-F: Drug Sale of Scam? (intent, p. 417) ---> Problem 5-G: "He Came Running in All Hunched Over" (modus operandi, p. 419) ---> Problem 5-H: The Corrupt Judge (plan, design, pp. 420-21)
Session 11-A September 30	5.5 Priof Acts: Other Purposes & Proof of, 422-426 ---> Problem 5-I: It Was An Accident (other uses, p. 422) Proving the Prior Act, p. 423-26 ---> Note that Old Problem 5-J has been deleted from the 6th edition, but it still provides helpful guidance.
Session 11-B September 30	5.6 Character of Alleged Victim in Sex Offense Cases, 426-429 ---> Problem 5-J: Ordeal of Leslie or Fred (formerly 5-K) (p. 427) ---> NEW Problem 5-K: Acting Out on the Assembly Line (pp. 428-29) (a sexual harassment civil case). UPDATED NOTES FOR THIS PROBLEM WERE POSTED ON 29 SEPTEMBER 2008

Session	Topic/Pages
Session 12-A October 6	5.7 Character of Defendant in Sex Offense Cases, 430-434 ---> Problem 5-L: "I Told Him to Stop" (pp. 430-31)
Session 12-B October 6	5.8 Habit and Routine Practice, 434-439 ---> Problem 5-M: Death on the Highway (pp. 435-36) ---> Problem 5-N: The Exploding Can (p. 436) ---> Problem 5-O: Was he Served? (p. 438)
Session 13-A October 7	5.9 Subsequent Remedial Measures, 439-448 ---> Case: Tuer v. McDonald (p. 440) If we finish Tuer early, we will go to problem 5-P during the first hour.
Session 13-B October 7	5.10 Settlement & Plea-Bargaining Negotiations, 448-455 ---- Settlement Negotiations ---> Problem 5-P: Potato Problems (p. 449) ---> NEW Problem 5-Q: "This is Criminal: You Can´t Exclude Civil Settlements Here" (As I expected, we skipped this one, but I will post notes on it). ---- Plea-Bargaining ---> Problem 5-R: Bargaining or Confessing?: My lawyer is an idiot (formerly 5-Q) (p. 452) ---> Problem 5-S: "Just Keep Them Out of It" (formerly 5-R) (chivalry is not dead?) (p. 453) (I will focus on 5-R, I will at least lecture on 5-S, but we may not have time to cover it in detail).

Session 19-A October 27	6.3 & 4 Jury Mistake/Misconduct, FRE 606(b), 483-485 ---> Problem 6-B: Refusal to take the stand (p. 483) ---> Problem 6-C: The $800K Error? (p. 483) ---> Problem 6-D: The Jury View (p. 483)
Session 19-B October 27	I may leave problem 6-D for the second hour ---> Problem 6-E: The Bomber and the Demolitions Expert (p. 484) The Personal Knowledge Requirement, FRE 602 ---> Problem 6-F: The Peacock's Tail (the IRS expert) (p. 485) The problems are short and simple. Problem 6-F, and to some extent 6-E, set up the transition to chapter 9.

Session	Topic/Pages
	9.0 Opinion and Expert Testimony
Session 20-A November 2	9.1 Lay Opinion Testimony, 605-611 ---> Problem 9-A: "It was my impression" (p. 608); ---> Problem 9-B: The Watchful Neighbor (p. 608) (BONUS: the smell of marijuana!).
Session 20-B November 2	9.2.1 Experts: Identifying, "Assisting," Bases of Testimony, 611-622 ---> NEW: Problem 9-C: "They Saw it The Same Way I Did" (p. 616); UPDATED NOTES POSTED October 22, 2008 ---> Old Problem 9-D: .24% Alcohol has been deleted 9.2.2 Other considerations, 622-629 (Review for Background for this class, and as a prelude to Daubert).
Session 21-A November 3	9.3 Scientific Evidence-1: Daubert, 629-642 ---> Case: Daubert (p. 631)
Session 21-B November 3	9.4 Scientific Evidence-2: Kumho Tire, 642-653 ----> Kumho Tire, p. 642 (new edited version)
	Sessions 9.5 and 9.6 will not be covered in 2009.
	9.5 Toxic Torts & Syndromes, 653-660 ---> Problem 9-D (formerly E): "They Become Anxious and Guilt-Ridden" (p. 656)
	9.6 DNA Evidence, 660-667 ---> Case: Moore (p. 660) ---> Problem 9-E (formerly F): "We Found a Match" (p. 663)

---

---

Additional notes on subjects not specifically covered in class this semester

Session	Topic/Pages
Session 7 September 1	2.4 Evidence of Mathematical Probability, 104-121 ---> People v. Collins (p. 104).
Session 8 September 2	2.5 Evidence of Mathematical Probability, 104-121 --->Problem 2-I (p. 118)
	8.7 Repairing Credibility, 676-690 ---> Case: Medical Therapy (p. 679)
	8.8 Repairing Credibility, continued 676-690 ---> Problem 8-I (p. 688)
	14.0 Best Evidence Doctrine
x	14.1 Best Evidence: In General, 1005-1008; 1010-1014 ---> Problem 14-A (p. 1007) ---> Problem 14-B (p. 1011) ---> Problem 14-C (p. 1013) ---> Problem 14-D (p. 1014) (The problems are short and quick) Halloween Costumes are Acceptable for Class (Hey, it's been depressing enough just to watch the news, relax, a little.)
x	14.2 Production of Original Excused, 1023-1029 ---> Case: Sylvania v. Flanagan (p. 1023) ---> Problem 14-L (p. 1028) ---> Problem 14-M (p. 1028) ---> Problem 14-N (p. 1028) (Again, the problems are short and quick)
	4.05 Hearsay: Adoptive Admissions, 230-233; 239-241 ---> FRE 801(d)(2)(B) ---> Case: U.S. v. Hoosier (p. 230) ---> Problem 4-F (p. 240)
	4.12 Hearsay: Business Records, 318-333 ---> Case: Petrocelli v. Gallison (p. 320) ---> Case: Norton v. Kotowski (p. 326)
Not Covered	4.13 Statements Against Interest: Implicating the Accused, 376-396 ---> Case: Williamson v. U.S. (p. 381)
Not Covered	---> Case: Williamson v. U.S. (p. 381) (finished) 4.14 Exonerating the Accused, 396-400 ---> Problem 4-N (p. 396)

4.11 Hearsay: Business Records, 271-284
---> Case: Petrocelli v. Gallison (p. 273)
---> Case: Norton v. Kotowski (p. 278)

This

6.3 & 4 Jury Mistake/Misconduct, FRE 606(b), 483-485
---> Problem 6-B: Refusal to take the stand (p. 483)
---> Problem 6-C: The $800K Error? (p. 483)
---> Problem 6-D: The Jury View (p. 483)

I may leave problem 6-D for the second hour
---> Problem 6-E: The Bomber and the Demolitions Expert (p. 484)

The Personal Knowledge Requirement, FRE 602
---> Problem 6-F: The Peacock's Tail (the IRS expert) (p. 485)

The problems are short and simple.
Problem 6-F, and to some extent 6-E, set up the transition to chapter 9.

The End.