Emanuel CrunchTime for Evidence, Seventh Edition

it] to be true.” Updated discussion of a special problem that arises in connection with Rule 803(8)(A)’s “public records” exception. Rule 803(8)(A)(ii) expressly says that the public records exception cannot be used by the government to introduce against a criminal defendant a report of a “matter observed by law-enforcement personnel,” but we discuss the controversy about whether this prohibition also prevents such a public report from being admitted under other exceptions (e.g., the exception for business-records). Discussion of a 2023 amendment to Rule 702 on expert testimony, adding the requirement that the expert’s opinion must “reflect

used by the expert] to the facts of the case.”