Fourth Edition of Baylor Law Professor's 'Evidence' Book Released

May 8, 2009

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WACO, Texas (May 8, 2009) - The fourth edition of an evidence book termed the "best courtroom handbook on Texas Evidence out there" has been released. Baylor Law School professor Gerald Powell and the Honorable Ed Kinkeade, United States District Judge for the Northern District of Texas, teamed up on the new version of A Practical Guide to Texas Evidence: Objections, Responses, Rules, and Practice Commentary, which is published by the National Institute for Trial Advocacy.

Designed for use by practicing lawyers and law students, A Practical Guide to Texas Evidence provides a useful review of the rules of evidence, particularly changes to the Texas Rules of Evidence through Aug. 1, 2008.

The book is divided into nine sections that group potential evidentiary objections by subject matter. Subjects covered include general considerations, privileges, forms of questions, relevance, authentication and original documents, exhibits, opinions, cross-examination and impeachment, character evidence and hearsay. Each section contains a summary of the evidentiary matter, the forms of objection and response, a reprint of the controlling rule and a practice commentary that discusses the most common issues confronted by the trial lawyer.

"For the trial lawyer or student who wants guidance in the courtroom from the best experts, this is the book to keep in one's briefcase or backpack," said Brad Toben, dean of Baylor Law School. "Professor Powell and Judge Kinkeade have brought their long and distinguished experience and careers in the classroom and courtroom to produce this comprehensive yet practical gem on the law of evidence - in theory and in action. This is must-have reference material."

Powell and Kinkeade are well versed in the nuances of the Texas Rules of Evidence. Powell, The Abner V. McCall Professor of Evidence and Master Teacher, earned his J.D. with honors, before joining the Dallas law firm of Vial, Hamilton, Koch & Knox. He had an active litigation practice with the firm and was made a partner in 1982. In 1986, he returned to Baylor Law School to teach. He received the Baylor University Outstanding Faculty Award for Teaching in 2003, and he was named Master Teacher in 2006.

Powell teaches in and directs the Law School's renowned Practice Court Program and is a coach of Baylor's award-winning mock trial teams. In addition to teaching, he writes and speaks extensively on evidence, procedure and trial advocacy topics and has co-authored two books.

He is an associate of the American Board of Trial Advocates, a professional association of experienced trial lawyers. Additionally, he served for 10 years on the Administration of Rules of Evidence Committee for the State Bar of Texas. He recently was appointed by the President of the State Bar of Texas to the Court Reorganization Task Force, which is studying reform to the Texas court system.

Kinkeade was appointed to the U.S. District Court in 2002. Prior to that, he was a justice on the Fifth District Court of Appeals, Texas, from 1988-2002, and served in the Texas 194th District Court from 1981-1988. Kinkeade also taught as an adjunct professor at Texas Wesleyan School of Law from 1981-2002 and currently serves as adjunct professor at Baylor Law School.

A Practical Guide also contains a quick reference guide, the Texas Rules of Evidence, as amended through Aug. 1, 2008, and an index. It will be available through the National Institute for Trial Advocacy website at


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