In the time of the coronavirus, is coughing or spitting on someone simple assault?
There’s been reports in recent days like this one—State police cite 2 people in Westmoreland County for ‘purposely coughing’ on workers—which raise the question of whether coughing or spitting on…
“There’s no evidence. There’s no proof.”
For people involved in the American justice system for the first time—be it civil or criminal—there’s a prevailing belief that if the opposing side doesn’t have pictures, video, DNA, or some other…
That’s hearsay!: The excited-utterance exception
This short post is the third installment on the topic of hearsay. Specifically, addressed here is the second of the 16 hearsay exceptions known as the excited-utterance exception. The exception is…
That’s hearsay!: The present-sense-impression exception
This post follows up to my initial post of March 30, 2017 on the topic of hearsay. In this short post, I discuss the first of what Pennsylvania recognizes as 16 exceptions to hearsay. That is, in…
That's hearsay!
Chances are we’ve all heard someone say, “That’s hearsay!” Perhaps we’re guilty ourselves of expressing an opinion on the matter. But frequently what “hearsay” really is is misunderstood—even by…
Character Evidence: Not to be taken lightly
“‘Evidence of good character is substantive and positive evidence, not a mere make weight to be considered in a doubtful case, and, . . . is an independent factor which may of itself engender…
Jury bias sees the light of day
The verdict has come down. Guilty! The accused is in disbelief. The question arises: why did the jury decide this way? How can this be? As is typical, defense counsel speaks to the jury…
Anything You "Type" Can Be Used Against You
Social media is increasingly becoming a larger component of our lives. Because more of us are preserving our daily activities on various social media platforms, there is a concern that access to…
Protecting You From Your Past
Your past can haunt you! That’s true in life, and it can be true in the courtroom. Take Bill Cosby as an example. Bill Cosby is facing trial on sexual-assault charges related to one alleged victim.…