Assignments Summer 2011
Wherever below is stated “Focus on FRE ____,” that means for you to
read the portion of the 2010-2011 Supplement pertaining to that rule.
All other page numbers in parentheses are to the main 2008 textbook
by Fisher.
Lesson 1, May 17, 2011: please read pages 1-30 and 989-992.
Lesson 2, May 18, 2011: please read pages 30-61.
Lesson 3, May 19, 2011: please read pages 61-93.
Class on May 23, 2011 was cancelled.
Class on May 24, 2011 was cancelled.
Lesson 4, May 25, 2011: please read pages 94-134, but skipping Bankcard America v. Universal on pp. 107-110.
Lesson 5, May 26, 2011: please read pages 134 - 160.
Lesson 6, May 31, 2011: please read pages 160 to 197, but skipping subpart "6. The Doctrine of Chances" on pp. 184-190.
Lesson 7 on June 1, 2011: please review pp. 190-197 on Huddleston, then read pp. 197-223
June 2, 2011: For Lesson 8, please read pp. 223-245.
June 6, 2011: For Lesson 9 on 6/6/11, pages 246 to 287 in Fisher, but skipping the Uviller article on pages 255-258 and the Eisenberg article on pages 270-272.
June 7, 2011, Lesson 10: Please read pages 287-311.
June 8, 2011 Lesson 11: Please read pages 311-347.
Lesson 12, June 9, 2011: Please read pages 357-386.
For Lesson 13 on June 11, 2011, please read in Fisher pages 392 to 421. [Actually got only to p. 398.]
MODIFIED: Lesson 14, June 14, 2011: please review in Fisher pages 398-421, then please read 421- 439, but skipping "Hearsay: Miranda and Silence" from the bottom of 432 through 436.
Lessons 15 & 16, June 15, 2011: For the make-up class (Noon – 1:00), please review pp. 430-432 and 437-439, then read 439 through 456, but skipping Commonwealth v. Weichell on pages 448-451. (That is five pages of review, plus 14 pages of reading, plus the rules.) For the regular class (1:00 to 2:40), please read pp. 457-484, but skipping United States v. DiNapoli on pp. 458-463, and Shepard v. United States on pp. 479-482. (That’s 20 pages or reading, plus the rules themselves.)
Lesson 17, June 16, 2011: please review pp. 477 – 484 but skipping Shepard v. United States on 479-482. Then please read pp. 484 – 499 and 510 – 521.
Lesson 18, June 20, 2011: Review 517-521, then Read 521-540.
Lesson 19, June 21, 2011: 540-560, but skipping Beech Aircraft Corp. v. Rainey (pp.540-547).
Class on June 22nd was cancelled.
Lesson 20, along with Lesson 21 on June 23, 2011: 565-587 and 593-597 (top). Crawford is very important. If you need to triage, focus on Crawford (p.573) and Afterthoughts (p.594).
Lesson 21, June 23, 2011: 597-637, PLUS Supplement p. 403: Melendez-Diaz v. Massachusetts.
Lesson 22, June 24, 2011: 639-679, but skipping Gray v. Maryland (pp.654-661). ... 700
Lesson 23, June 27, 2011: please read in Fisher pages 680 to 726, but skipping United States v. Gainer on pages 684-688 (do not skip the “Afterthoughts” section about Gainer on 688-691), and skipping United States v. Johnson on pp. 694-696. Please remember to read the relevant portions of the rule book on Rules 700 to 705.
Lesson 24, June 28, 2011: pp. 726-753.
Lesson 25, June 29, 2011 (one hour at noon): pp. 774-786.
Lesson 26, June 29, 2011 (regular 100 minute class): 787-814
Lesson 27, June 30, 2011: pp. 805-839.
Lesson 28, July 5, 2011: pp. 842-885.
Lesson 29, July 6, 2011: pp. 886-888, 954-977.
Examination: July 11, 2011, at 9:00 a.m.
Assignments Spring 2011
For Tuesday, March 22, 2011, please read units 28 and 30. PowerPoint slides from 3/22/11.
For Wednesday, March 23, 2011, please read unit 31.
For Thursday, March 24, please read units 32 & 33.
For Tuesday, 3/29/11, please read:
- the actual Rule 609 in W&P at pp. 952-953,
- then Advisory Committee’s Note to 1990 Amendment and Advisory Committee’s Note on pp. 1055-1058 (top),
- Advisory Committee’s Note to 2006 Amendment to Rule 609 on pp. 1062-1063,
- Rule 404b on page 944,
- Waltz & Park Prior Convictions on pp. 482-499, but skipping the stuff about California law on p. 489,
- Lilly pp. 284-293 (Conviction of a Crime; Federal Rule 609; Proving the Prior Convictions; In Limine Determinations; Stale Convictions, Pardons, Juvenile Adjudications).
For Wednesday, 3/30, please:
- review actual text of Rule 404b on p. 944,
- read Notes on Rule 404 on pp. 989 to middle of 992,
- read United States v. Carrillo on pp 117 – 121 (top),
- read United States v. Cunningham, pp 125-128,
- read Huddleston v. United States pp. 129 – 134 [Huddleston is tricky, and in my past classes it was an item that students repeatedly asked to be reviewed during the reading period for the exam],
- read Note: Other Crime Evidence Offered Against A Defendant Who Was Acquitted Of The Other Offense, pp 134-135,
- read Lilly, Other (Collateral) Crimes and Wrongful Acts, pp. 87-97,
- skim pleading NOTICE OF INTENT TO INTRODUCE EVIDENCE OF OTHER CRIMES, WRONGS OR ACTS.
For Thursday, 3/31/11, please read:
- FRE's 404ü, 405ü, 406 on W&P pp. 944-945.
- Notes on Rules 405ü & 406 on W&P pp. 994-996.
- W&P pp. 96-104ü, 111-125 but skipping California law on p.121, Tucker v. State on pp. 128-129, Perrin v. Anderson on pp 135-139, and Halloran v. Virginia Chemical on pp. 142-145.
- Lilly, Determinate Rules of Evidence Related to Character, pp. 67-87 (only).
For Tuesday, 4/5, please review from the previous assignment:
- United States v. Beasley on p 121;
- Perrin v. Anderson (135) and Rule 406;
- Halloran v. Virginia Chemical on p. 142;
- Lilly pages 84-87.
- Then please read:
- FRE's 413, 414, 415 pp. 947-949;
- W&P 155-163;
- Lilly pp. 107 (bottom) to 111 on Rules 413-415;
- Handout on Wigmore and real rape.
- FRE 412 pp. 946-947;
- W&P 146 (note on rape shield law) to 155;
- Lilly pp. 101-107 on Rule 412 and Rape Shield Law.
For Wednesday, 4/6, please read:
- FRE's 407, 408, 409, 410, 411 on pp. 945-946;
- W&P Parts E,F,G on pp. 165-182;
- Lilly, Chapter IV, pp 112-136.
For Thursday, 4/7:
- Review & drill (some practice problems will be provided in advance, some in class);
- Introduction to the Confrontation Clause. Please read Lilly, Chapter VIII, pp. 269-278.
Lesson 4/12/11, was cancelled/postponed:
Lesson 4/13/11:
- Review from last assignment: Lilly, Chapter VIII, pp. 269-278 on the Confrontation Clause.
- Read Crawford v. Washington, W&P p.404, and Davis v. Washington, W&P p. 416.
Lesson 4/14/11:
- Please read Melendez-Diaz v. Massachusetts in the W&P Supplement at pp. 1-10.
- Michigan v. Bryant, in PDF form here.
Lesson 4/19/11:
- Please read handout on Bruton doctrine.
- FRE's 701, 702, 703, 704 on W&P p. 955.
- Advisory Committee's Note on Rule 701 on p. 1071-1073.
Lesson 4/20/11:
- Please read Lilly pp. 356-372 (top)
- Please read Daubert v. Merrell Dow Pharmaceuticals on W&P p. 814. Daubert is very, very important.
- If you have time, please read Kumho Tire on W&P 822.
Lesson 4/21/11:
- Please read Lilly pp. 372-383.
- Please read handoutndrome evidence.
Lesson 4/26/11:
Lesson 4/27/11:
Lesson 4/28/11 [Make-up Class]:
Assignments Fall 2009
For Lesson #1 on August 31, 2009, please read pages 1-30 and 989-992.
For
For Lesson 5 on 09/22/09, please read pages 135 to 159, but skipping the Méndez law review article on pages 152-154.
For Lesson 6 on 09/23/09, please read pages 159 to 197, but skipping United States v. DeGeorge and the materials on the Doctrine of Chances. So, you will be reading pp. 159-180, skipping 180-183, reading Absence of Accident and the two problems on pp 183-184, then skipping 184-190, and reading the bottom of 190 to top of 197.
For Lesson 7 on 9/29/09: Please read pp. 197 - 223 (and, of course, accompanying materials in the Rule Book.
Target for end of class 8 is page 249.
For Lesson 11 on 10/14/09, please read pp. 311-347.
For Lesson 12 on 10/19, please read the bottom of 357 to 386.
For Lesson 13 on 10/26, please read in Fisher pages 392 to 421.
For Lesson 14 on 10/28, please read Fisher pages 421-457, but skipping Commonwealth v. Weichell on page 448-451.
For Lesson 16 on Monday, November 2, please read from page 475 through 535, but skipping Shepard (both installments, pages 479-482 and 499-501), the Historical Postscript (pp. 501–10), and Herbst et al., Young Children’s Understanding of the Physician’s Role … on pages 518-520.
For Lesson 18 on 11/09/09, please read to page 564 (the end of hearsay). Feel free to skip United States v. Vigneau (p.536) , Beech Aircraft Corp. v. Rainey (p.540), and United States v. Laster (p.560), although I encourage you to read Vigneau if you have the time.
Target for end of class 18 is page 616. [Missed]
For Lesson 20 on Monday, November 16, 2009 please review from last assignment problems 8.4 and 8.5, Giles v. California Case Note on pp 628-633 and Melendez-Diaz in the Supplement. Then, please read in Fisher to page 693, skipping Gray v. Maryland (pp.654-661) and United States v. Gainer (pp. 684-688).
For Lesson 21 on Wednesday, November 18, 2009, please read in Fisher pages 680 to 726, but skipping United States v. Gainer on pages 684-688 (do not skip the “Afterthoughts” section about Gainer on 688-691), and skipping United States v. Johnson on pp. 694-696. Please remember to read the relevant portions of the rule book on Rules 700 to 705.
For Lesson 23 on Wednesday, November 25, 2009, please read pages 774-804.
For Lesson 24 on Monday 11/30/09, please read Chapter 10 AUTHENTICATION, IDENTIFICATION, AND THE ‘‘BEST EVIDENCE RULE’’ on pages 805 to 839.