Evidence

3302 ABA Journal Evidence articles.

Objector lawyers committed ‘fraud on the court,’ says Illinois appeals court

Updated: A law firm that claimed professional objectors were extorting fees in class action lawsuits will be able to introduce evidence supporting the allegation as a result of an Illinois…

But their emails! Some of the most contentious political issues are e-discovery disputes
The near-daily headlines relating to what had once been a fairly obscure set of federal laws has helped breathe new life into the field of e-discovery. Donald Trump Jr.’s meetings with Russians, Michael Cohen’s plea bargain, Brett Kavanaugh’s contentious confirmation to the U.S. Supreme Court, Paul Manafort’s fraud convictions and an attempt at impeaching Deputy Attorney General Rod Rosenstein all involve, at their core, electronic evidence.
Did ‘warrior gene’ predispose man to violence? Top New Mexico court to consider evidence issue

The New Mexico Supreme Court has agreed to consider whether a judge improperly barred evidence of a genetic variation linked to impulsive violence in a man’s murder trial.

Lawyers for…

Sotomayor joins Gorsuch in dissent from cert denial in drunken driving case

Justice Neil M. Gorsuch dissented on Monday when the U.S. Supreme Court denied certiorari in a drunken driving case that involved a confrontation clause issue.

Gorsuch’s dissent was joined…

Judge orders Amazon to provide Echo recordings in double homicide case

A judge in New Hampshire has ordered Amazon to release recordings from an Echo device in the Farmington home where two women were found fatally stabbed in January 2017.

Judge…

Sotomayor expresses ‘deep concern’ about failure to preserve tape in appeal hinging on one word

Justice Sonia Sotomayor on Monday issued a statement expressing “deep concern” over an Alabama judge’s failure to preserve an original recording of his disputed jury instruction in a capital case.

Judge bars discovery about other Trump harassment accusers in ‘Apprentice’ contestant’s suit

A state judge in New York City on Friday refused to allow former The Apprentice contestant Summer Zervos to obtain information about other women who have accused President Donald Trump…

DNA from stamp is used to indict John Doe suspect for threatening judge

Prosecutors in Wisconsin have filed a felony charge against the DNA profile of an unidentified man believed to have sent a threatening letter to a judge.

The DNA was obtained…

Your Voice: I believe in Me Too, but I believe no one uncritically
I know women who have been sexually assaulted and who have not gotten justice. All I have is their side of the story, and that has been enough for me to believe them—because I know them and I know their character, and thus I believe them—without any reservation at all.
Let’s trash ‘data dump’ litigation ploys

Lawyers become their own worst enemies when they abandon reasonable discovery compromise to chase the ever-elusive smoking gun. A second misconception that has to go is that only the manual review of produced documents will suffice.

4 men associated with white supremacist group face federal charges in Charlottesville violence

Four members or associates of a white supremacist group called the Rise Above Movement face rioting charges in connection with the August 2017 “Unite the Right” rally in Charlottesville, Virginia.

BigLaw firms’ competition from the Big Four accounting firms
The Big Four accounting firms have added legal services, moving beyond tax law and integrating their legal services into a multidisciplinary approach.
Judge decries ‘abusive litigation tactics’ and ‘overheated rhetoric’ in multiple discovery motions

A federal magistrate judge, who is fed up with a flurry of motions over discovery disputes, is ordering the parties to “work in a cooperative, civil manner” to present their…

State commission calls blood-spatter testimony in murder case ‘not ... scientifically supported’
An influential state commission said the blood-spatter analysis used to convict a former Texas high school principal of murdering his wife in 1985 was “not accurate or scientifically supported” and the expert who testified was “entirely wrong.”
Federal prosecutors have 12 Cohen tapes after Trump waives privilege

Twelve audio tapes recorded by Michael Cohen, President Donald Trump’s former personal lawyer, have been turned over to federal prosecutors.

The special master overseeing the privilege review of items seized…

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