Episode 35 – Code of Evidence: Hearsay Pt. III    In this final episode on hearsay and its exceptions, Mike and Judge Prescott discuss the exceptions in which the declarant’s availability is required or not required. Before diving into the exceptions in which the declarant’s availability is required, Mike and Judge Prescott discuss business records and photographs.  Exceptions when the declarant’s availability is required:  Prior inconsistent statements (State v. Whalen)   Identification of a person  Exceptions where the declarant must be unavailable:  Former testimony  Dying declaration  Statement against civil interests  Statement against penal interest  Private boundary dispute  Reputation of a past generation  Statement of pedigree and family relationships  Forfeiture by wrongdoing    Lastly, they discuss the residual exception and the tender years exception.

Code of Evidence: Hearsay Pt. III

A Judicial Branch Podcast hosted by Mike Bowler. By listening to this podcast, attorneys can earn MCLE credits in Connecticut. Stay tuned for new Podcasts!

Government

Episode 90 – Name, Image, Likeness (NIL) Pt. 1  This month on Calendar Call, Matt talks with Attorney Nate LaVallee, Deputy General Counsel for UConn, about the evolving area of law concerning Name, Image, and Likeness rules for student athletes.Matt and Nate discuss what NIL is, the legal history of NIL, and cases that jump started NIL in college sports. Part 1 topics also include what states are doing regarding NIL laws and policies, NIL requirements across the board, collectives, and more.  O’Bannon v. NCAA  NCAA v. Alston

Name, Image, Likeness (NIL) Pt. 1

Episode 89 – Appellate Briefing  This month on Calendar Call, Matt talks with Attorney Luke Matyi, Assistant Clerk for Supreme and Appellate Courts about Appellate briefing. Matt and Luke discuss various topics including the Appellate process, changes to the rules, and content and formatting. Additional topics include reasons for return, deviation, and self-help resources.  CT Practice Book  Self-help Resources

Appellate Briefing

Episode 8 – The Great Writ  This month on Calendar Call, Paul talks with Attorney Arnold Amore, Assistant Public Defender for the CT Innocence Project, Post-Conviction Unit about Habeas Corpus, commonly referred to as The Great Writ. Paul and Attorney Amore discuss what a Habeas is, the difference between an appeal and Habeas petition, and ineffective assistance of counsel cases vs lapse plea cases. Paul and Attorney Amore also talk about common mistakes that lead to ineffective assistance of counsel claims, what happens over the course of a Habeas proceeding, the role of the Public Defender in the Post-Conviction Unit, and more.  Artl.S9.C2.1 Suspension Clause and Writ of Habeas Corpus  Connecticut Constitution, Article 1, Sec. 12  Amdt6.6.5.1 Overview of the Right to Effective Assistance of Counsel  Magna Carta: Muse and Mentor  Habeas Corpus FAQ

The Great Writ

Episode 87 – Healthcare Advance Directives  This month on Calendar Call, Matt talks with Probate Court Administrator, Judge Beverly Streit-Kefalas, about Healthcare Advance Directives. Matt and Judge Streit-Kefalas discuss the purpose of advance directives, execution requirements, and issues clients might face. Additional topics include incapacity, revocation, conservators, and more.  CGS 19A-570 through 580(i)  Rule 1.14  Rule 1.2  In Re Quinlan, 70 N.J. 10, 355 A.2d 647 (1976)  Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (1990)  Bush v. Schiavo, 885 So. 2d 321 (2004)

Healthcare Advance Directives

Episode 86 – Office of Victim Services  This month on Calendar Call, Paul talks with Mary Kozicki, Director of Victim Services for the Connecticut Judicial Branch. Paul and Mary discuss the many services within OVS including the Victim Compensation Unit, the Victim Services Unit, the Sexual Assault Forensic Examiners Program, the Fiscal Administrative Unit, and the Training and Education Unit.   OVS Homepage  CT SAVIN  Victim Services Unit

Code of Evidence: Hearsay Pt. III

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