Evidence

3260 ABA Journal articles on Evidence.

Not all private social media photos are subject to discovery, but some may be, says New York court
In a personal injury lawsuit involving a horse riding accident, the New York State Court of Appeals ruled that Facebook photos the plaintiff set as private are discoverable.
ABA House resolutions address juror discrimination, remedies for convictions based on bad science

The ABA House of Delegates overwhelmingly passed two resolutions related to criminal trials on Monday at the ABA Midyear Meeting at Vancouver, British Columbia.

In the wake of numerous news…

Trump lawyers reportedly look to 1997 case that could lend leverage in special counsel negotiations
President Donald Trump’s lawyers are reportedly reviewing a 1997 federal appeals court ruling involving a former agriculture secretary as they negotiate terms of an interview with special counsel Robert Mueller.
Sci-fi evidence from ‘Black Mirror’ has real-life counterpart in court today
Imagine you are a witness to an accident. You had no fault in the accident, and you weren’t injured. Still, you’re a witness. A third party comes to question you about your recollection. Instead of simply reiterating what you saw, you are forced to relay every sordid detail of your past against your will.
Supreme Court says judge ruled on DACA document turnover too soon
The U.S. Supreme Court said Wednesday that a federal judge ruled too soon when he ordered document disclosure in lawsuits challenging the Trump administration’s decision to wind down a program protecting immigrants brought to the country illegally as minors.
Data cited in SCOTUS decision upholding Sentencing Commission was ‘flimsy’ and ‘flat-out wrong’
Data cited by the U.S. Supreme Court in 1989 when it upheld the constitutionality of the U.S. Sentencing Commission was “flimsy and even flat-out wrong,” according to an investigation by ProPublica.
In 5-4 decision, Supreme Court stays order requiring US to turn over more DACA documents
The U.S. Supreme Court has temporarily stayed a federal judge’s order requiring the government to turn over more documents regarding its decision to wind down a program protecting immigrants brought to the country illegally as children.
Defense lawyers want to peek behind the curtain of probabilistic genotyping
DNA labs are using probabilistic genotyping to analyze hard-to-interpret samples. Some scientists and lawyers worry that the computer code behind these tools limits its reliability and hinders due process.
SCOTUS considers limits to the government’s surveillance powers over personal technology
The Supreme Court ruling in Carpenter v. United States, being heard by the court Wednesday, will affect cell towers and individuals’ data from email, smart watches, activity-tracker bands and smart appliances.
Letters: Opening Sessions
In “Jeff’s Law,” October, Attorney General Jeff Sessions is very selective in his memory.
Alternative legal services provider Integreon acquires Allegory Law

Alternative legal services provider Integreon has acquired litigation management software company Allegory Law.

Allegory’s founder and CEO, Alma Asay, and her team will go in house at Integreon. Asay will…

Justice Department sues to block AT&T’s acquisition of Time Warner; Trump tweets may factor in case

The U.S. Justice Department on Monday filed an antitrust suit seeking to block AT&T’s $85 billion acquisition of Time Warner.

The suit points out that AT&T’s DirecTV is the nation’s…

Judge is ‘appalled’ and ‘embarrassed’ by government’s whistleblower case against ManorCare
Updated: A federal magistrate judge says the government’s whistleblower case against HCR ManorCare Inc. is a “huge waste of money” that rests on testimony from an expert witness with an “utter lack of credibility.”
Courts need help when it comes to science and tech
Social science research is “sociological gobbledygook,” at least according to Chief Justice John Roberts. The Chief Justice made this comment during the Oct. 3 oral argument for the political redistricting case Gill v. Whitford.
Discover valuable information through interrogatories before deposition notice
Interrogatories ferret out the facts of an opponent’s case before giving notice about taking a deposition.

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