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Publication Date

7-2014

Document Type

Survey Article

Abstract

The 2013 term of the United States Court of Appeals for the Eleventh Circuit saw a number of precedential opinions dealing with a wide variety of evidentiary issues. Of particular interest to prosecutors and criminal defense attorneys are two Eleventh Circuit decisions applying the Sixth Amendment's Confrontation Clause and a unanimous United States Supreme Court decision dealing with the Fifth Amendment's' right against self-incrimination as applied to psychiatric evidence. A number of published Eleventh Circuit decisions involved non-constitutional issues under the Federal Rules of Evidence, including balancing probative value against prejudicial effect under Rule 403, authentication of audio and video recordings, and admission of hearsay testimony when the declarant is unavailable under Rule 804. The 2013 term also included several illustrative published and unpublished decisions examining the admissibility of expert testimony under Rule 702 and the Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc.

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