Federal Rules of Evidence and California Evidence Code

Henry Fordyce and Eva Marie Long were having drinks in a bar. Fordyce claims that Harris and Felson were leering at and making insulting comments about Long, and when Fordyce confronted Harris and Felson, the three men got into a fight. After the police broke up the fight and all parties had left the bar, Fordyce claims that he was jumped in an alley and beaten by Harris and Felson. Fordyce was hospitalized with a fractured skull, but has fully recovered. He is suing for his medical expenses and lost wages. Defendants deny assaulting Fordyce in the alley, claiming he started the fight in the bar and after the police broke it up, they drove directly to Felson’s motel. Updated to reflect current monetary amounts, text messaging, and issues regarding evidence-gathering and chain of custody, this case file is designed to be used in a trial advocacy program as skill exercises or a final trial—or both. In addition, along with its companion file, State v. Harris, it can be effectively used to highlight the differences between civil and criminal advocacy techniques. Exhibits, diagrams, and police reports have been updated. Four new exhibits have been added, including photos of the weapon and a forensic evidence report. There are four witnesses for each side, no experts.