TENTH CIRCUIT SURVEY: Evidence Survey Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
Order the full text of this article if you do not have a lexis.com® ID.
US $22.00 (+ tax)

Copyright (c) 1995 University of Denver (Colorado Seminary)
Denver University Law Review



72 Denv. U.L. Rev. 703


Richard C. Jennings



This article addresses three Survey year 1 decisions in which the Tenth Circuit affirmed lower court rulings regarding evidentiary admissions. These resolutions continue recent trends in which the Tenth Circuit has broadly interpreted federal statutes and evidence rules. These trends favor an inclusive approach to evidence admission which may aid a court or jury by providing additional testimony for their consideration. This policy, however, may unfairly prejudice the person who opposes the evidentiary admission. The circuit's approach often furthers the legislative goals and Supreme Court interpretations of federal statutes and evidence rules.

In the first case addressed, United States v. Overstreet, 2 the issue was whether federal prosecutors presented sufficient evidence to prove that a convicted felon 3 possessed a firearm that had "travelled in interstate commerce." 4 The court's decision makes it easier for federal courts to impose gun possession convictions. The second case, LWT, Inc. v. Childers, 5 determined that a person's pleadings from a prior state court action are admissible against that person in a subsequent federal court action. 6 This decision may frustrate the liberal pleading and joinder policies prescribed by the federal rules of evidence. Video animation prepared by an expert witness was admitted in the third case, Robinson v. Missouri Pacific Railroad. 7 The Tenth Circuit based its decision to admit the video on a recent Supreme Court case which expanded the role of expert witnesses by admitting relatively new scientific opinions. 8

The resolution of these cases indicates that the Tenth ...
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities