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Articles Posted in Trial

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Juror Interview in Vanderbilt Rape Trial Offers Good Practice Reminders

The Tennessean has a fascinating video interview of Todd Easter, one of the jurors in the Corey Batey and Brandon Vandenburg rape trial.    Juror feedback in any case gives trial lawyers helpful information about how to present information to a jury.  Mr. Easter’s interview yielded the following reminders:  …

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Trial Court’s Evidentiary Rulings Given Great Deference on Appeal

In Bilbrey v. Parks, No. E2013-02808-COA-CV (Tenn. Ct. App. Sept. 29, 2014), a negligence case arising from a car accident, the Court of Appeals recently addressed two evidentiary issues. Plaintiff, her aunt, and her boyfriend were in plaintiff’s car when it ran out of gas. The car was pushed onto…

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Defendant’s Lie Under Oath May Be A Sin, But It Is Not Admissible in MVA Trial

This appeal arises from a December 24, 2010 motor vehicle accident involving a vehicle driven by Johnny Miller and another vehicle driven by Mr. Moretz. The cause of the accident was hotly contested with both parties claiming the other to be at fault. As for damages, Mr. Miller and his wife, who…

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An Objection May Need To Be Asserted At Trial Even If A Motion in Limine Has Been Denied on the Issue

You file a motion in limine to exclude testimony of defendant’s expert witness.  The motion is denied.  Do you have to object to the testimony of the expert at the time he or she  testifies to preserve the issue for appeal? Maybe.  The Wyoming Supreme Court has ruled that a later…

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Alabama Court Permits New Malpractice Trial After Defense Lawyer Violates Order

It takes a lot of time and money to get a medical malpractice (now called health care liability) case to trial in Tennessee.   Thus, when such cases do get to trial, it is essential that the lawyers and parties follow the orders of the court concerning evidentiary matters such…

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Can You Strike Potential Jurors Because of Their Sexual Orientation?

The law gives parties the right to strike a limited number prospective jurors from serving on a particular jury without demonstrating "cause, but that right is limited by case law designed to prohibit discrimination.  Should a party’s right to peremptorily challenge a juror because of his or her sexual orientation…

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