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Texas Evidentiary Foundations, Fourth Edition

Texas Evidentiary Foundations, Fourth Edition

Packed with proven trial techniques, this accessible manual will help you prepare for every evidentiary challenge you may face at trial.


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Publisher :Matthew Bender
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    Texas Evidentiary Foundations is the ideal one-volume guide for overcoming common, and not-so-common, evidentiary problems in the courtroom. This accessible and popular manual shows you how to frame predicate questions to gain admission or exclusion of specific types of evidence and includes a list of the foundational elements and examples of specific lines of questioning for establishing these elements. Each foundation is accompanied by a clear explanation of the supporting principles of Texas evidence law. Packed with proven trial techniques, Texas Evidentiary Foundations will help you prepare for every evidentiary challenge you may face at trial.

    The new Fourth Edition includes, among other things:

    •  New foundation for admitting a printout from a social media website.
    •  New foundation for impeaching a witness by omission or silence based on a previous statement (or lack of a previous statement).
    •  New coverage of introducing exhibits and evidence using courtroom technology.
    •  Updated discussion on case law relating to the impact of the 6th Amendment confrontation clause on the admissibility of "testimonial hearsay" in criminal cases.

    Chapter 1: Introduction - The Mechanics of Introducing Evidence
    Chapter 2: Preserving Error: Objections, Offers of Proof, and Motions
    Chapter 3: The Competency of Witnesses
    Chapter 4: Authentication, Identification, and Verification of Evidence
    Chapter 5: Credibility Evidence
    Chapter 6: Character, Habit, and Other Acts Evidence
    Chapter 7: Privileges and Similar Rules of Exclusion
    Chapter 8: The Original Writing "Best Evidence" Rule
    Chapter 9: Opinion Evidence
    Chapter 10: The Hearsay Rule and its Exemptions
    Chapter 11: Exceptions to the Hearsay Rule
    Chapter 12: Substitutes for Evidence
    Chapter 13: Constitutional Privileges - The Exclusionary Rules

     

    Onion, John F.


    Hon. John F. Onion, Jr. has a distinguished career in the Texas judiciary spanning almost five decades. During his legal career he has served as an Assistant District Attorney, Justice of the Peace, Judge of the 175th District Court in Bexar County, a Judge on the Texas Court of Criminal Appeals and the Presiding Judge of that same court for 18 years. Since 1989 he has sat by designation on various Texas Courts of Appeals. Since 1966, he has authored the Interpretive Commentaries for the Texas Code of Criminal Procedure.

    Edward J. Imwinkelried


    Ed Imwinkelried is one of the top experts of admissibility of scientific evidence and evidence of uncharged crimes in the nation. The Edward L. Barrett, Jr. Professor of Law at the University of California, Davis, Imwinkelried writes about scientific evidence, evidence of uncharged crimes, and other evidence issues. His work has been cited by the U.S. Supreme Court. He is the author or co-author of several evidence treatises: McCormick, Evidence; The New Wigmore: Evidentiary Privileges; Scientific Evidence; Courtroom Criminal Evidence; Uncharged Misconduct Evidence; and Federal EvidenceTactics. In addition, he is the author or coauthor of over twenty other texts. He has written over 100 articles in law reviews and legal magazines. He is the expert testimony columnist for National Law Journal and a contributing forensic science columnist for Criminal Law Bulletin. In addition to his current position at the University of California, Davis, he has taught at the Moritz College of Law at the Ohio State University, the University of Illinois, Washington University in St. Louis, the University of San Diego, and the University of Houston. He has lectured to groups of judges, attorneys, and scientists in forty-six states.

    David A. Schlueter


    David A. Schlueter is the Hardy Professor of Law and Director of Advocacy Programs at St. Mary's University School of Law in San Antonio, Texas. He is recognized nationally as one of the leading authorities on military justice. In addition to Military Criminal Justice: Practice and Procedure, Sixth Edition, his prolific writing includes co-authorship of Military Rules of Evidence Manual, Federal Evidence Tactics, Texas Rules of Evidence Manual and Texas Evidentiary Foundations.

    He is a retired reserve Army JAG officer and served on active duty as an appellate counsel, trial lawyer, and an instructor at the Army's Judge Advocate General's School. He has also served as a member of national committees dealing with criminal justice and from 1988 to 2005 served as the Reporter for the Advisory Committee on the Federal Rules of Criminal Procedure. Professor Schlueter received his J.D. from the Baylor Law School and his LL.M. from the University of Virginia.

     

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