EVIDENCE

The Admissibility of Advisory Safety Codes in Iowa on the Issue of Negligence…..26:409

Admissibility of Evidence of Post-Accident Repairs: The Graying of a Black-Letter Rule…..25:400

The Admissibility of Expert Testimony Under the Iowa Rules of Evidence: Proffering and Resisting Expert Opinion…..36:345

Admissibility of Proof of an Assault Victim’s Specific Instances of Conduct as an Essential Element of a Self-Defense Claim Under Iowa Rule of Evidence 405…..39:401

The Admissibility of Victim Impact Statements at Capital Sentencing: Traditional and Nontraditional Perspectives…..50:67

Advance Liability Insurance Payments: An Iowa View…..18:218

Bailey v. Chicago, Burlington & Quincy Railroad Co., 179 N.W.2d 560 (Iowa 1970)—When Challenging the Privilege Between Attorney and Client, a Clear and Concise Record Detailing the Foundation Facts Making the Communication an Exception to the General Rule Is Essential Before the Evidence Is Admissible…..21:356

Beyond the Confines of the Confessional: The Priest-Penitent Privilege in a Diverse Society…..45:697

Blood Alcohol Tests and the Fourth and Fifth Amendments…..17:231

Butler v. Pension Bd. of Police Dept. (Iowa 1966)—Substantial Evidence Test Will Not Prevent Issuance of the Writ Where a Manifest Injustice Would Otherwise Result…..17:118

Character and Reputation Evidence in Iowa…..25:435

The Circuit Courts’ Application of Daubert v. Merrell Dow Pharmaceuticals, Inc…..46:407

Civil Consequences of Conviction for a Felony…..12:141

Confidential Communications Between Accountant and Client…..6:92

Contracts in Iowa Revisited—Scope and Meaning of Contracts…..10:87

Convicting the Innocent in Capital Cases: Criteria, Evidence, and Inference…..52:587

Course of Perfomance as Evidence of Intent or Waiver: A Meaningful Preference for the Latter and Implications for Newly Broadened Use Under Revised U.C.C. Section 1-303…..52:235

Criminal Pretrial Discovery in Iowa…..19:164

Daubert’s Bipolar Treatment of Scientific Expert Testimony—From Frye’s Polygraph to Farwell’s Brain Fingerprinting…..55:763

Defending Sexual Molestation Claims Under a Comprehensive General Liability Policy: Issues of Scope, Occurrence, and Expert Witness Testimony…..39:477

Demonstrative Evidence in Iowa…..10:44

DNA Fingerprinting: A Revolutionary Technique in Forensic Science and Its Probable Effect on Criminal Evidentiary Law…..37:1

The Dubiety of Social Engineering Through Evidence: A Reply to Professor Sanchirico’s Recent Article on Character Evidence…..51:283

The Duty Concept in Farm Accidents in Iowa: When Does a Wiggle Become a Wobble?…..18:155

Enablement: For the Judge or the Jury? Markman v. Westview Instruments, Inc.’s Analysis Applied…..52:145

Environmental Audits: Should a New Evidentiary Privilege Be Formulated or Do Existing Privileges Provide Adequate Protection?…..46:425

Evaluating Brady Error Using Narrative Theory…..53:599

Evidence Synthesis and General Causation: Key Methods and an Assessment of Reliability…..54:639

The Exclusionary Rule: A Case Study in Judicial Usurpation…..34:33

Federal Rules of Evidence 803(1), (2), (3) as a Substitute in Iowa for the Res Gestae Exception to the Hearsay Rule…..32:223

The Federal Standard of Search and Seizure…..13:65

A Feminist Repudiation of the Rape Shield Laws…..51:45

Final Argument in Iowa…..15:115

Forfeiture by Wrongdoing and Those Who Acquiesce in Witness Intimidation: A Reach Exceeding Its Grasp and Other Problems with Federal Rule of Evidence 804(b)(6)…..51:459

Grocers Wholesale Co-op. v. Nusberger Trucking Co. (Iowa 1971)—Written Accident Report Filed by Driver With Department of Public Safety Constitutes Inadmissible Evidence; but Report of Investigating Officer and Statements Made by Drivers to the Investigating Officer Are Not So Privileged…..22:415

Hall v. Montgomery Ward & Co. (Iowa 1977)—Evidence of Defendant’s Financial Condition Is Admissible to Determine the Amount of Punitive Damages to Be Awarded Against the Defendant…..27:584

Heeding the Lessons of History: The Need for Mandatory Recording of Police Interrogations to Accurately Assess the Reliability and Voluntariness of Confessions…..52:619

Impeachment by Prior Criminal Conviction—Federal Rule of Evidence 609…..27:326

In re Estate of Dawson (Ill. 1968)—Parol Evidence Allowed to Disclaim Signed Written Agreement and to Defeat Surviving Joint Tenant’s Right to the Account…..19:229

Investigation, Discovery, and Disclosure in Criminal Cases: An Iowa Perspective…..52:739

Iowa Rule of Evidence 407: A Proposal for Application in Duty to Warn Cases…..36:797

Iowa Rule of Evidence 703: Its Uses and Limits as an Exception to the Hearsay Rule…..36:599

The Iowa Rules of Discovery…..7/1:3

Iowa’s Dead Man Rule: The Spectre of Inequity…..28:641

Is Mama a Criminal?—An Analysis of Potential Criminal Liability of HIV-Infected Pregnant Women in the Context of Mandated Drug Therapy…..50:293

Lembke v. Unke (N.D. 1969)—In a Contest Over the Validity of a Will Where the Testamentary Capacity of the Testator Is Involved, the Heirs Who Contest the Will, as Well as the Executor, May Waive the Physician-Patient Privilege Insofar as the Testimony of the Doctor Relates to the Mental Capacity of the Testator…..19:503

The Lie Detector…..1:50

Limitations on Impeachment by Contradiction: The Collateral Facts Rule and F.R.E. 403…..33:663

Loper v. Beto, 405 U.S. 473 (1972)—The Use of Uncounseled Prior Convictions to Impeach Defendant’s Credibility Deprives Defendant of Due Process of Law Where Such Use Might Influence the Outcome of the Case…..22:398

Maxwell v. Maxwell (Mich. Ct. App. 1969)—Post-Divorce Testimony Concerning Access or Nonaccess of Husband to Wife and Third-Party Testimony of the Wife’s Statement Identifying the Father Are Inadmissible to Determine the Legitimacy of a Child Conceived Before a Divorce but Born Subsequent Thereto…..19:219

Microfilming of Business Records…..6:74

A Model Mass Tort: The PPA Experience…..54:621

Nix v. Williams (U.S. Sup. Ct. 1984)—Under the Inevitable Discovery Doctrine, the Prosecution May Submit “Tainted Evidence” if It Can Establish by a Preponderance of the Evidence that the Information Ultimately or Inevitably Would Have Been Discovered by Lawful Means…..34:863

The “No Eyewitness” Rule in Iowa…..6:101

Opinion Evidence in Iowa…..19:245

The Pen Register…..20:108

Perin v. Peuler, 373 Mich. 531, 130 N.W.2d 4 (1964)—In Suit Against Automobile Owner for Negligent Entrustment, Is Driver’s Past Record of Traffic Violations Admissible, in Spite of Statute Forbidding the Admission of Such Evidence?…..15:47

PostConviction DNA Evidence: A 500 Pound Gorilla in State Court…..50;695

The Physician-Patient Privilege: Some Reflections…..14:83

The Polygraphic Technique a Selective Analysis…..20:330

The Pre-Trial Notice Requirement of Federal Rule of Evidence 803(24)…..36:91

Proof of Existence of Trust from Circumstantial Evidence of Settlor’s Declaration Results in Enforceable Oral Trust…..15:53

Protecting the Confidentiality of Blood Donors’ Identities in AIDS Litigation…..37:343

Reducing the Incentive for Arson: The “Broad Evidence Rule”…..29:761

Should Iowa Adopt the Tort of Intentional Spoliation of Evidence in Civil Litigation?…..41:179

State v. Holliday (Iowa 1960)—Evidence Obtained by Private Individuals Without Governmental Assistance Through Illegal Search and Seizure Is Admissible in State Criminal Proceeding…..19:476

State v. Hummell (Iowa 1975)—Manslaughter Conviction Will Not Be Reversed on the Grounds that a Dragnet Discovery Motion Seeking Exculpatory Evidence Has Been Improperly Denied and that an Exculpatory Statement Allegedly Made by the Victim Has Been Suppressed Without a Showing by the Defense that the Statement Was Ever Reduced to Writing, that It Was Ever Suppressed, and that It Was Signed or Adopted by the Victim, or Constituted a Continuous Narrative of Her Remarks…..25:247

State v. Peterson, 198 N.W.2d 891 (Iowa 1971)—Where Testimony Complained of Was Stricken and the Witness Was Allowed to Retestify, No Constitutionally Inadmissible Evidence Was Submitted to the Jury if the Prejudicial Effect of the Testimony Did Not Remain in Spite of Its Exclusion…..22:408

State v. Plaster, 424 N.W.2d 226 (Iowa 1988)—Testimony of a Woman Other than the Prosecutrix, and Also Testimony of Her Physician, Concerning a Prior Nonconsensual Sexual Incident with Defendant Was Admissible Because It Made It More Probable that the Prosecutrix Did Not Consent Under Similar Circumstances, and the Unfair Prejudice of Such Evidence Did Not Substantially Outweigh Its Probative Value…..38:961

State v. Savage, 288 N.W.2d 502 (Iowa 1980)—When There Is a Close Relationship Between the Witness and the Property and the Property Is of a Unique Quality, Actual Value Testimony on Stolen Property Is Proper Without Showing an Absence of Market Value…..30:396

Stepping from the Thicket: A Proposal for the Treatment of Rebuttable Presumptions and Inferences…..42:427

Survey of Hypnotically Refreshed Testimony in Criminal Trials: Why Such Evidence Should Be Admitted in Iowa…..32:749

Testamentary Undue Influence in Iowa…..18:255

Thermography: The Double-Edged Sword Which Can Either Corroborate the Existence of Pain or Weed Out the Malingerer…..38:355

The Trustee’s Choice? The Ability of the Trustee to Waive a Corporation’s Attorney Client Privilege in a Corporate Bankruptcy…..37:129

Turning the Key: Ensuring Evidentiary Privileges as Labor Counsel…..45:491

Understanding Visual Metaphors: What Graphic Novels Can Teach Lawyers About Visual Storytelling…..63:193

United States v. Bell (8th Cir. 1978)—Use of Alleged Coconspirator Declaration Against a Defendant at a Conspiracy Trial Does Not Violate the Hearsay Rule Where the Judge Determines that a Preponderance of Independent Evidence Shows the Declaration Was Made During and in Furtherance of the Conspiracy…..28:198

United States v. Havens, 100 S. Ct. 1912 (1980)—Illegally Seized Evidence May Be Used to Impeach a Defendant on Cross-Examination if the Prosecutor’s Questions Would Have Been Suggested by the Defendant’s Testimony…..30:192

United States v. Mahoney (5th Cir. 1983)—Evidence Obtained by Police Officers in the Course of Action that Is Taken in Good Faith and in the Reasonable Though Mistaken—Belief that they Are Authorized, Shall Not Be Suppressed Under the Exclusionary Rule…..34:257

The Validity of an Inference on an Inference in Iowa…..19:452

Videotape—Its Use and Potential Use…..24:419

White v. Illinois, 112 S. Ct. 736 (1992)…..43:209