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Abstract:
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During the survey period, the Fifth Circuit dealt with several problem areas of evidence law. Not surprisingly, the court was once again called on to consider the application of the United States Supreme Court's decision in Daubert v. Merrill Dow Pharmaceuticals, Inc. The Fifth Circuit also decided cases that raised interesting issues regarding the admissibility of hypnotically refreshed testimony and waiver ofthe attorney-client privilege. Additionally, the court settled several evidentiary issues raised by the federal insanity defense that had not previously been decided by the Fifth Circuit. |