For Monday, October 12

Tuesday audio.

Prep Impeachment Review and review PIS. We will complete Impeachment on Monday.

We then turn to Trial Process. For Monday, prep FRCP 50, FRCrP 29, C&S pp. 5-7 and 413-420, along with the Colb and Hans & Jolly posts, and Problem 103. You will prep the rest of this section for Tuesday.

The Prelim covers all the 400 rules, witnesses, and impeachment. I will post it at 12:30 next Tuesday, October 13; it will be due in-person at the beginning of class on Tuesday, October 20. Here is a sample exam and answers.

For Tuesday, October 5

Monday audio.

Review Bias and prep all of Prior Inconsistent Statements.

Read FRE 609 carefully and break it into its pieces. What must be the first step to the analysis of 609(a)?

Prior Acts and Prior Docs

Two documentaries tell the story of Thomas Randolph, who was convicted in Nevada of murdering his sixth wife and the "hit man" he supposedly hired to kill her. HBO offers The Black Widower: The Six Wives of Thomas Randolph; Netflix has The Widower: 'Til Death Do Us Part.

The story gets its juice off the fact that three of Randolph's other prior wives died--one shot and two from cancer. Randolph was acquitted of conspiracy to kill Wife # 2 (the shooting), although convicted of tampering with one of the witnesses in that case. And the prosecution attempted to use evidence of Wife # 2 in the prosecution over Wife # 6. Here is the opinion of the Nevada Supreme Court on the case.

Neither doc is not great, as these things go. And the opinion tells a different story than the film. Still, worth watching for a couple of reasons: 1) the role of 404(b)(2) and 2) some good trial footage showing questioning of witnesses.

For Monday, October 5

Tuesday audio.

Prep the rest of Character, Bias, including the problems. As part of your reading, review the proposed revision to FRE 609 (pp. 357-58)

For Tuesday, September 29

Monday audio.

Prep all of Introduction to Impeachment, including the problems. Prep the rules and C&S reading for Character/Bias (don't worry about the problems in this section until next week).

On writing

Count me on the more formal side of this discussion.

For Monday, September 28

Tuesday audio.

Prep and review the rest of Witnesses for Monday. We will begin Impeachment on Tuesday.