Evidence

3276 ABA Journal articles on Evidence.

From paper to digital documents, Judge Andrew Peck traveled (and set) the discovery trail (podcast)
For litigators accustomed to conducting discovery inside large warehouses surrounded by hundreds, if not thousands, of cardboard file boxes, combing through several forests' worth of paper to find the few relevant documents was like trying to find the needle in the haystack.
Does forensic hypnosis produce reliable evidence? 2 death row inmates say it’s junk science
Two Texas death row inmates are contending forensic hypnosis was wrongly used to put them behind bars.
School lawyer asks about birds-and-bees talk, mom’s terminated pregnancy in teen’s bullying suit
A lawyer representing Nashville, Tennessee, schools wants to know how a teen suing the school has “developed sexually” and whether she is aware of her mother’s sexual history.
Forensic search of cellphone seized at border requires some form of suspicion, 4th Circuit says

Some form of individualized suspicion is needed before the government can use forensic software to search a cellphone seized at the border, a federal appeals court said Wednesday.

The

Does Stanley have a mustache? ‘The Office’ illustrates issues with cross-racial identification

As I’ve been writing this column on law and pop culture over the past year or so, I’ve started to realize that…

Murder conviction of Kennedy cousin Michael Skakel is tossed because of ineffective assistance

The Connecticut Supreme Court on Friday overturned the 2002 murder conviction of Michael Skakel, the nephew of Robert F. Kennedy’s widow, Ethel Kennedy.

The court ruled 4-3 that Skakel is…

Investigators who found Golden State Killer through DNA website borrowed idea from another case

The idea of using a DNA website to catch a serial murderer began with a search for the identity of an abandoned 5-year-old girl named Lisa.

That sleuthing led police…

New York considers changing discovery rules that often leave defense lawyers in the dark
Advocates have dubbed New York’s discovery scheme the blindfold law, arguing that the lack of information requires defense counsel to prepare for trial, or advise clients about plea bargains, without ever seeing the evidence.
SCOTUS to hear inmate’s claim that rare medical condition would make execution particularly painful

The U.S. Supreme Court on Monday agreed to consider the case of a Missouri inmate who contends a rare medical condition would make being put to death by lethal injection…

Police used DNA from discarded items to link suspect to Golden State Killer murders
Corrected and Updated: Police announced Wednesday that they arrested the suspect for the Golden State Killer murders after linking him to the crimes through DNA on two discarded items.
Secret of David Copperfield’s signature trick revealed in slip-and-fall suit by audience volunteer

The secret of magician David Copperfield’s signature trick was partly revealed last week during the trial of a civil suit by an audience volunteer who says he fell during the…

Florida police try to use dead man’s finger to unlock his phone; was a warrant needed?

Police in Largo, Florida, investigating the death of a man shot by one of the department’s officers visited a funeral home last month in an effort to unlock his phone.

Bill Cosby has a new lawyer and additional witnesses in retrial for alleged sexual assault

Jurors will hear from new witnesses when Bill Cosby’s retrial for an alleged sexual assault begins Monday in Norristown, Pennsylvania.

Cosby’s new lead defense counsel is Tom Mesereau Jr.,…

Supreme Court gives second chance to death-row inmate denied funding for an investigator
A federal appeals court applied a legal standard that was too tough when it denied funding to a death-row inmate seeking an investigator to show ineffective assistance of counsel, the U.S. Supreme Court has ruled.
Federal judge orders courtroom doors locked before he announces ruling on stash-house stings
Chicago’s chief federal judge ensured that spectators didn’t leave his courtroom while he announced Monday that he was “reluctantly” denying a motion to toss the charges against eight people charged in stash-house robbery stings.

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