During the period of this Survey, July 2010 to June 2011, the Fifth Circuit issued opinions on a number of significant evidence-related issues, including the Confrontation Clause, hearsay, authentication, character evidence, permissible impeachment, and summary evidence. This was an interesting but not groundbreaking year for evidence issues in the Fifth Circuit. Finally, the United States Supreme Court approved the proposed “style” amendments to the Federal Rules of Evidence. Although the amendments are intended to make the rules clearer and easier to read without changing substantive meaning, the extent of the amendments is significant.
Republished with permission. Tex. Tech L. Rev. 939 (2011).Download PDF