Epstein Secrets

nly whcn it would achieve a public good transcending the normally predominant principle of utilizing all rational means for ascertaining the truth, Adkins v. Christie, 488 F.3d 1324 (11" Cir. 2007), citing United States v. Nixon, 418 U.S. 683, 710, 94 S. Ct 3090, 3108, 41 L.Ed. 2d 1039 (1974)( privileg

13 Page 8 of 11 interests to outweigh the need for probative evidence."Jaffee v. Redmond, 518 U.S. 1, 9-19,116 S. Ct.1923, 135 L.Ed. 2d 337 (1996); Trammel v. United States, 445 U.S. 40, 47,100 S. Ct. 906, 63 L.Ed.2d 186 (1980). Recognizing that there is a presumption against privileges which may be overcome only whcn

of Evidence 501 is a mixed question of 7 EFTA00209638 Case: 13-12923 Date Filed: 04/18/2014 Page: 8 of 23 law and fact that we review de novo. Adkins v. Christie, 488 F.3d 1324, 1327 (11th Cir. 2007). But we review for clear error factual findings made by a district court. Morrissette-Brown v. Mo

F.2d at 1004. Although Congress empowered the federal courts through Rule 501 to "continue the evolutionary development of testimonial privileges," Trammel v. United States, 445 U.S. 40, 47, 100 S. Ct. 906, 910 (1980), we disfavor newly minted privileges, which "contravene the fundamental principle that the public has

MPLIANCE 60 CERTIFICATE OF SERVICE 61 iii EFTA00209662 Case: 13-12923 Date Filed: 08/05/2013 Page: 7 of 75 TABLE OF AUTHORITIES Cases Adkins v. Christie, 488 F.3d 1324 (11th Cir. 2007), cert. denied, 552 U.S. 1131 (2008) 6, 30, 33, 45 Baker v. Secretary, U.S. Dep't of Transportation, 45

, 682 N.W.2d 578 (Minn. 2004) 43 State v. Boggs, 741 N.W.2d 492 (Iowa 2007) 42 State v. Trujillo, 93 N.M. 724, 605 P.2d 232 (N.M.1980) 43 Trammel v. United States, 445 U.S. 40 (1980) 29, 45 United States v. Al-Arian, 514 F.3d 1184 (11th Cir.), cert. denied, 555 U.S. 887(2008) 16 United States v. Castan

ict -2, this court declines the intervenors' invitation to expand Rule 410 by crafting a federal common law privilege for plea discussions. See e.g. Adkins v. Christie, 488 F.3d 1324 (11ih Cir. 2007)(declining to recognize medical peer review privilege in federal discrimination cases); Weiss ex reL Est

Page 8 of 11 interests to outweigh the need for probative evidenc,e."Jaffee v. Redmond, 518 U.S. 1, 9-19, 116 S. Ct.1923, 135 L.Ed. 2d 337 (1996); Trammel v. United States, 445 U.S. 40, 47, 100 S. Ct. 906, 63 L.Ed.2d 186 (1980). Recognizing that there is a presumption against privileges which may be overcome only whe

refers to Federal Rule of Evidence 501, which "empower[s] the federal courts to `continue the evolutionary development of [evidentiary] privileges." Adkins v. Christie, 488 F.3d 1324, 1328 (11th Cir. 2007), quoting Trammel v. United States, 445 U.S. 40, 47 (1980). The "central feature" of Rule 410 "is

al courts to `continue the evolutionary development of [evidentiary] privileges." Adkins v. Christie, 488 F.3d 1324, 1328 (11th Cir. 2007), quoting Trammel v. United States, 445 U.S. 40, 47 (1980). The "central feature" of Rule 410 "is that the accused is encouraged candidly to discuss his or her situation in order to

refers to Federal Rule of Evidence 501, which "empower[s] the federal courts to `continue the evolutionary development of [evidentiary] privileges!" Adkins v. Christie, 488 F.3d 1324, 1328 (11th Cir. 2007), quoting Trammel v. United States, 445 U.S. 40, 47 (1980). The "central feature" of Rule 410 "is

al courts to `continue the evolutionary development of [evidentiary] privileges!" Adkins v. Christie, 488 F.3d 1324, 1328 (11th Cir. 2007), quoting Trammel v. United States, 445 U.S. 40, 47 (1980). The "central feature" of Rule 410 "is that the accused is encouraged candidly to discuss his or her situation in order to

ed by reference to Fed. R. Evid. 501, which "empower[s] the federal courts to `continue the evolutionary development of [evidentiary] privileges.'" Adkins v. Christie, 488 F.3d 1324, 1328 (11th Cir. 2007), quoting Trammel v. United States, 445 U.S. 40, 47 (1980). The Supreme Court has recognized that

l courts to `continue the evolutionary development of [evidentiary] privileges.'" Adkins v. Christie, 488 F.3d 1324, 1328 (11th Cir. 2007), quoting Trammel v. United States, 445 U.S. 40, 47 (1980). The Supreme Court has recognized that "Rules 410 and 11(e)(6) `creat[e], in effect, a privilege of the defendant . . . ."'

efers to Federal Rule of Evidence 501, which "empower[s] the federal courts to `continue the evolutionary development of [evidentiary] privileges!" Adkins v. Christie, 488 F.3d 1324, 1328 (11th Cir. 2007), quoting Trammel v. United States, 445 U.S. 40, 47 (1980). The "central feature" of Rule 410 "is

al courts to `continue the evolutionary development of [evidentiary] privileges!" Adkins v. Christie, 488 F.3d 1324, 1328 (11th Cir. 2007), quoting Trammel v. United States, 445 U.S. 40, 47 (1980). The "central feature" of Rule 410 "is that the accused is encouraged candidly to discuss his or her situation in order to