Whether evidence based on or involving assorted other kinds of expert or special knowledge or skill is sufficiently reliable or scientific under the requirements of Federal Rule of Evidence 702 or a comparable State rule for the admissibility of expert evidence

United States v. Abou-Saada, 785 F.2d 1, 8 (1st Cir. 1986) (holding that the pointing constituted hearsay evidence because it was a conduct intended as an assertion and it would not be admissible against defendant as a....Nonverbal conduct that is intended to be an assertion constitutes a "statement" under Federal Rule of Evidence 801(a) and therefore assertive nonverbal conduct can be hearsay under the definition of hearsay in Federal Rule of Evidence 801(c).

United States v. Wexler, 522 F.3d 194, 202-203 (2d Cir. 2008) (upholding trial court's admission of deceased drug addict's court statements as statements against penal interest because "the requirements of the hearsay....If a statement is offered against a criminal defendant, the statement qualifies as a statement against interest for purposes of the federal hearsay exception for statements against interest only if there is corroborating evidence of the trustworthiness of the statement.

Hudson v. Michigan, 547 U.S. 586, 626 (2006) (inevitable discovery exception to Forth Amendment-based exclusionary rule; Court quotes with approval Nix v. Williams, 467 U.S. 431, at 444 (1984): ?If the prosecution can establish by a preponderance of the evidence that the information ultimately or...The government can have the burden of proof on factual issues other than the essential elements of the crime charged and the government's burden of persuasion on such "collateral" issues can be and often is less than proof beyond a reasonable doubt. Conversely, sometimes a criminal defendant rather than the government has the burden of proof and persuasion with respect to factual issues that arise under legal rules and requirements apart from the essential elements of the crime charged; for example, a defendant may have the burden of establishing a defense such as duress.