Law of Evidence 1

#1 Prentice Prosecutor is prosecuting Daniel Defendant for second-degree murder. At a jury trial the following occurred: A. Although the defense has stipulated to Daniel having committed prior crimes with a similar pattern, Prentice wants to admit a 911 call recording and copy of the transcript from the victim slowly dying as a result of that pattern of killing to prove such pattern. B. Winona Witness testifies that he was there when the police confronted Daniel about the crime and that, when they accused Daniel of committing the crime, he just stared at them and did not reply. C. Matty Mathematician Expert Witness testifies that according to his analysis of the crime scene using numerology, Daniel clearly would never kill in the way described by the prosecution. D. In her closing statement, Prentice states, "If the Defendant were innocent, he would have testified. Clearly he's guilty as sin." Identify all possible evidentiary issues.

Analyze the issues and apply applicable rules of evidence (either federal or rules from your state) to reach conclusions. Support your conclusions with detailed analysis.

Reference EVIDENCE FOR PARALEGALS, FIFTH EDITION Year: 2015 Publish: Wolters Kluwer Author: Joelyn D. Marlowe ISBN: 9780735590137