Archives: Evidence

Technology: Is a Video of a Video Admissible in a Criminal Trial?

Brandon Barnett and Brandy Hankins on video and how it relates to Texas Rule of Evidence 901. To learn more about how to successfully run your practice, read the entire December issue at texasbar.com/tbj.… Continue Reading

The Uncalled Witness Rule

By David Coale on November 16, 2018 Posted in Evidence

Iberiabank v. Broussard, among many other issues, addressed the “century-old” ...

How to prove up an amount of $$

By David Coale on August 22, 2018 Posted in Evidence

In a dispute about a DTPA exemption for transactions involving “more ...

He’s an expert, not a conduit.

By David Coale on August 1, 2018 Posted in Evidence

In a civil commitment action under the Sexually Violent Predator Act, the appellant ...

Is a Video of a Video Admissible in a Criminal Trial?

By Brandon Barnett on May 17, 2018 Posted in Evidence, Theft

Technology has dramatically changed the landscape of criminal law procedure, and ...

Oldie, but not a goodie.

By David Coale on May 8, 2018 Posted in Evidence

Among other (unsuccessful) challenges to the exclusion of summary judgment ...

Authenticating and Admitting Social Media Evidence

By Eric S. Peabody on May 2, 2018 Posted in Evidence

Assuming the evidence is relevant, the primary concern of courts confronted ...

An opened door only swings so far . . .

By David Coale on April 30, 2018 Posted in Evidence

In re DuPuy Orthopaedics also warns against driving through much traffic through ...

“Deceased client” privilege exemption

By David Coale on April 23, 2018 Posted in Evidence

Tex. R. Evid. 503(d)(2), a long-lived but rarely-cited exception to the attorney-client ...

New Case: Nothing You Post On Facebook Is Private In Personal Injury Case

By William K. Berenson on February 28, 2018 Posted in Evidence

Our use of Facebook, Twitter, Instagram, and other social media platforms is rampant ...

Back Pay Burden-New Trial Ordered Where Jury Slashed Plaintiff’s Request for Back Pay

By Seyfarth Shaw LLP on February 15, 2018 Posted in Employment Law, Evidence

The Sixth Circuit ordered a new trial in a Title VII case where plaintiff ...

How much is a car wash worth?

By David Coale on February 12, 2018 Posted in Evidence

Pappas testified about his 50% interest in a car wash business, using an undisputed ...

Hose rose? Nobody knows.

By David Coale on January 24, 2018 Posted in Evidence

In Peters v. Jazz Casino Co., Peters asserts that the hose was obstructing the hallway ...

Credibility matters.

By David Coale on January 10, 2018 Posted in Evidence

A civil forfeiture action arising from a criminal conviction produced a succinct reminder ...

Cell Phone Searches as Evidence

By Walter James on November 15, 2017 Posted in Evidence

Smartphones are everywhere. One question regarding smart phones is whether law ...

Evidence twofer

By David Coale on November 15, 2017 Posted in Evidence

Two basic reminders about evidence appear in Eaton-Stephens v. Grapevine Colleyville ISD ...

“Reasonable and necessary” is necessary.

By David Coale on November 7, 2017 Posted in Damages, Evidence

In Nu-Build & Assocs. v. Sooners Group, LP, the Fifth Court drove home a recent ...

“Oh, you meant THAT knowledge . . . “

By David Coale on November 6, 2017 Posted in Evidence

Griffin v. Hess Corp. involved a summary judgment for the defense on the statute ...

The old document and the sea.

By David Coale on August 14, 2017 Posted in Evidence

The common law of contracts was forever shaped by the good ships Peerless

I think we agreed to arbitrate.

By David Coale on July 23, 2017 Posted in Evidence, Summary Judgment

Defendants moved to compel arbitration, admitting that they could not find ...

Religious reference not reversible.

By David Coale on July 19, 2017 Posted in Evidence

Abdul Khan had a dispute with a contractor about the design of a stone medallion for ...

How Much Evidence Do You Need for a Personal Injury Case?

By Bob Kraft on February 16, 2017 Posted in Evidence, Personal Injury

There is a great deal of misinformation and assumptions that pertain to personal ...

Beware of fake text message evidence

By Michelle O'Neil on January 31, 2017 Posted in Evidence

The hashtag #altfacts has become popular recently after a Trump spokeswoman offered “alternative facts” to a news report. Many assert the alternative facts are, actually, falsehoods. Texas divorce lawyers face “alternative facts” frequently. Sometimes, people interpret a situation differently, making the alternative facts more about their perception, not factual falsities. On the other hand, facts … Continue Reading

How not to argue about extrinsic evidence

By David Coale on September 12, 2016 Posted in Evidence

In Smith Group JJR, PLLC v. Forrest General Hospital, a dispute about an architect’s ...