Evidence Chapter - Annual Survey 2009 Out of Stock
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Title: 2009 Annual Survey of Law
Chapter: Evidence
Chapter: Evidence
Authors: Laura Trask Schneider
Format: Print On-Demand
The 2009 Annual Survey of Law is written by top lawyers in their fields and covers many of the most critical areas of Colorado law and practice. The Annual Survey is an important resource to stay current with legal updates and trends.
CBA CLE now has available for immediate download, individual chapters and programs from our 2009 Annual Survey of Colorado Law and for many of the chapters in three different formats:
- Print On-Demand - Available for all chapters
- Video On-Demand - See list for which chapters are available in this format. Each chapter is available for 1 CLE Credit!
- MP3 Download - See list for which chapters are available in this format Each chapter is available for 1 CLE Credit!
We have taken several of our Annual Survey chapters and brought them to life: The authors of several Annual Survey chapters have been captured on tape and present their specific topic in a format that is available for Video On-Demand or MP3 On-Demand - These two formats are available for 1 CLE Credit!
Get the chapter or program specific to what you need and your area of law. The Annual Survey of Colorado Law is one of our most valued and best-selling books that provides Colorado practitioners with:
- Comprehensive updates on new case law
- Legislative Updates from 2009
- Administrative Updates from 2009
- Regulatory developments from 2009
The 2009 Annual Survey of Colorado Law is a Books in Action CBA CLE Program
CBA CLE is more than CLE credit: we are an educational resource providing legal practitioners with knowledge and legal research on your terms- 24/7.
CBA-CLE - Your Connection to Colorado Law
Through a series of opinions in 2009, the Colorado Supreme Court analyzed and clarified issues related to the admissibility of other act evidence under CRE 404(b) and People v. Spoto, 795 P.2d 1314, 1318 (Colo. 1990). On January 20, 2009, the court issued its opinion in People v. Greenlee, 200 P.3d 363 (Colo. 2009). In Greenlee, the court found that because prior statements did not depend on an impermissible inference about the defendant’s character, and did not amount to a crime (rather, they merely revealed thoughts about future plans), the statements were not even subject to a CRE 404(b) analysis.
On February 17, 2009, Greenlee was followed by the opinion in Kaufman v. People, 202 P.3d 542 (Colo. 2009). In Kaufman, although the supreme court based
its decision to remand the case for a new trial due to the giving of an erroneous second degree assault instruction, the court chose to give further guidance regarding the admissibility of other act evidence under CRE 404(b). The court in Kaufman analyzed the reasoning behind the exclusion of other act evidence and further explained how to determine when and whether certain other acts should be admissible under the Spoto/Garner test. People v. Garner, 806 P.2d 366, 373-74 (Colo. 1991); People v. Spoto, 795 P.2d 1314, 1318 (Colo. 1990).
On June 22, 2009, in the opinion of Yusem v. People, 210 P.3d 458 (Colo. 2009), the court again addressed admissibility of evidence under CRE 404(b).
In Yusem, the People never articulated a precise evidential hypothesis explaining how the prior act evidence tended to prove motive, knowledge, or absence of mistake. Additionally, the evidence that was presented was more prejudicial than probative. Finally, the court specifically found that the prior act evidence did not show a specific tendency that could be separated from the prohibited inference that the defendant had acted in conformity with the prior bad act. The court therefore held that the prior bad act evidence was not admissible.
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