Courtesy of federalevidence here is their list of potential significant evidence issues affecting criminal cases this coming year.
- Supreme Court Watch: Williams v. Illinois: Confrontation Clause – Pending Decisions
- Confrontation Clause: More Notice and Demand Rules?
- Supreme Court Watch Open Issue: Confrontation Clause – Resolving An Open Issue on the Scope Of Dying Declarations
- Circuit Split: Waiving An Objection to a Stipulation Under the Confrontation Clause
- Circuit Split: Admission Of Pre-Miranda Silence
- Circuit Split: Whether the Rule of Completeness Allows Inadmissible Evidence to be Admitted?
- More Judicial Criticism of the “Inextricable Intertwinement" Theory
- Rule Amendments: “Restyling” Federal Rules of Evidence
- Pending Rule Amendment: FRE 803(10) – Absence of Public Record
- Cameras In The Courtroom: Increasing Requests for Televising Supreme Court Proceedings
On item 8., which will depend on how the President “adopts” the restyling. Interesting that there may be issues surrounding implementation of the restyled rules.
The FRE were “restyled” by amendments effective December 1, 2011. The amendments were intended to make the rules easier to use and were not intended to result in substantive changes. As the restyled rules are applied, one question will be whether language differences in the new version result over time in substantive modifications.