Evidence

This survey year saw the continuation of what has become a clear trend in Eleventh Circuit evidence decisions. In stark contrast to the days when the Eleventh Circuit rigorously examined district court evidentiary decisions and freely reversed those decisions, the Eleventh Circuit now studiously defers to district judges. The reason for this trend can be debated. Perhaps because most evidentiary issues addressed by the Eleventh Circuit arise in the context of criminal cases, and because Eleventh Circuit judges are more conservative today, the Eleventh Circuit is less likely to reverse criminal convictions, particularly on evidentiary grounds.

Or perhaps that the abuse of discretion standard of review, which governs evidentiary issues, mandates deference to district judges: something that the old "activist" judges ignored. The answer no doubt depends on one's perspective. One thing, however, is clear-do not expect the Eleventh Circuit to flyspeck district court evidentiary rulings.