LAW
Evidence Outline.docx

Jury instructions this is the end of the trial the

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Jury Instructions This is the end of the trial. The judge tells the jury what the rule of law is and may give a limiting instruction. 105. Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes o If the court admits evidence that is admissible against a party or for a purpose — but not against another party or for another purpose — the court, on timely request, must restrict the evidence to its proper scope and instruct the jury accordingly. o Exclusion/Inclusion of Evidence & Appellate Review Claiming Error 103. Rulings on Evidence Page 5 of 65 Nathan Hardymon
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Evidence Spring 2017 Outline Lollar o (a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: (1) if the ruling admits evidence, a party, on the record: (A) timely objects or moves to strike; and (B) states the specific ground, unless it was apparent from the context; or (2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context. o (b) Not Needing to Renew an Objection or Offer of Proof. Once the court rules definitively on the record—either before or at trial—a party need not renew an objection or offer of proof to preserve a claim of error for appeal. o (c) Court’s Statement About the Ruling; Directing an Offer of Proof. The court may make any statement about the character or form of the evidence, the objection made, and the ruling. The court may direct that an offer of proof be made in question-and-answer form. o (d) Preventing the Jury from Hearing Inadmissible Evidence. To the extent practicable, the court must conduct a jury trial so that inadmissible evidence is not suggested to the jury by any means. o (e) Taking Notice of Plain Error. A court may take notice of a plain error affecting a substantial right, even if the claim of error was not properly preserved. Appellate Review Standards of Appeal o A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party. o A substantial likelihood means that the error affected the outcome of the case. Kotteakos : Did the error have a substantial and injurious effect of influence in determining the jury’s verdict? o Most courts use “more probable than not” standard to determine the question. If not, it is harmless error and is not a basis for appeal. Appellate Review under 103 o Preserved, Non-Constitutional Error Harmless error standard See above about substantial right of the party. o Preserved Constitutional Error Page 6 of 65 Nathan Hardymon
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Evidence Spring 2017 Outline Lollar Per se reversal if constitutional error necessarily renders unfair trial.
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