Key Evidence Issues for 2008 and 2009

The Federal Evidence Blog recently posted a list of ten potential evidence issues worth watching in 2009. The list, in no particular order, follows and is described in greater detail in the blog post here:

1. Attorney General Confirmation Hearings (the Holder Memo on bringing criminal charges against corporations)
2. Supreme Court: Pending Melendez-Diaz Confrontation Clause Decision
3. New Rule: FRE 502 (Attorney-Client Privilege and Work-Product Doctrine)
4. The Selective Waiver Doctrine
5. Pending Rule Amendment: FRE 804(b)(3) (Declarations Against Interest)
6. Future Rule Amendment: “Restyling” The Federal Rules of Evidence
7. Expert Evidence: Tenth Circuit En Banc Ruling Pending in United States v. Nacchio
8. Legislation: Attorney-Client Privilege Protection Act and Reporter Shield Law
9. Legislation: Reporter Shield Law
10. Pending Circuit Split: Resolving FRE 404(b) Elements Conflict

A look back at the ten evidence issues of 2008 is listed below and is explained in the blog entry here:

1. New Rule: FRE 502 (Attorney-Client Privilege and Work-Product Doctrine)
2. Supreme Court: Underscoring Primary Role of Trial Court in Making Initial Evidence Rulings: Sprint/United Management Co. v. Mendelsohn
3. Supreme Court: Giles v. California Confrontation Clause Forfeiture by Wrongdoing Decision
4. Expert Testimony: What are the Limits of an Expert’s Reliance on Inadmissible or Other Materials under FRE 703?
5. Legislation: Forestalling the Attorney Client Privilege Protection Act
6. Pending Open Issue: Whether Admitting Business Records Certified under FRE 902(11) May Violate the Confrontation Clause?
7. Expert Testimony: Explaining Online Behavior
8. Developing Consensus: Bruton Is Inapplicable in Bench Trials
9. Legislation: Reporter Shield Law
10. Developing Consensus: Enforcing Plea Proffer Waivers under FRE 410