Evidence

3340 ABA Journal Evidence articles.

Afternoon Briefs: Teen blogger denied murder case evidence; Aerosmith drummer loses comeback case

Judge denies 16-year-old aspiring lawyer’s request for murder evidence

A 16-year-old aspiring lawyer and true crime blogger lost a bid Thursday to access evidence in the Texas murder case that…

7th Circuit sanctions lawyer $1,000 in Walmart lawsuit photo flap
An Indiana lawyer who used Walmart’s own photos to support his client’s slip-and-fall case against the retailer has been sanctioned $1,000 because he maintained the photos were taken on the date of the fall without a sufficient factual basis.
Bone marrow recipient’s DNA partly changed after procedure; what are the implications for law enforcement?
A Nevada man who received a bone marrow transplant underwent a blood test and discovered that some of his DNA had been replaced by that of his German donor, a finding that could have implications in criminal investigations.
Child porn suspect can’t be forced to disclose computer password, state supreme court rules
The Fifth Amendment right against self-incrimination protects a child pornography suspect from being forced to reveal his computer password, the Pennsylvania Supreme Court has ruled.
Afternoon Briefs: Prosecutor killed in ‘freak accident’ in courtroom; lawyer accused of filing suits for nonclients

South Africa prosecutor is killed in courtroom gun incident

A South Africa prosecutor was killed Monday when a gun being entered into evidence discharged and the bullet struck her in…

Estate of executed man has no standing to obtain DNA testing, judge rules
A Memphis judge on Monday tossed a petition to obtain DNA testing in the case of a man executed 13 years ago.
Genealogy sites give law enforcement a new DNA sleuthing tool, but the battle over privacy looms

While law enforcement and the public largely welcome the new wave of forensic genealogy, others worry that privacy rights are being eroded by an investigative approach with little regulatory oversight.

DC Circuit stays judge’s order requiring release of Mueller grand jury documents to Congress
A federal appeals court has stayed a judge’s order requiring the release of grand jury materials from the special counsel probe to Congress.
Longtime prosecutor is fired after judge finds him in contempt for alleged disrespect
A longtime deputy prosecutor in Spokane County, Washington, has been fired after a judge held him in contempt for an alleged argumentative tone and disrespectful attitude in an evidence dispute.
Appeals court tosses slip-and-fall award because of admission of Google Maps image
A Florida appeals court has reversed a $90,000 jury award to a woman who slipped and fell on a sidewalk because a Google Maps photo used to bolster her case was not properly authenticated.
Afternoon Briefs: Legal words flummox child murder defendant; judge nixes ‘The Godfather Part II’ clip

News Roundup

Murder conviction vacated on basis of ineffective lawyering that included false statements to jury
A federal judge in Indianapolis has cited ineffective assistance of counsel in vacating the 2006 murder conviction of a man accused of killing an Indiana University student.
Jurors convict ex-cop who shot man after entering wrong apartment; ‘castle doctrine’ is at issue

Jurors convicted Amber Guyger, a former Dallas police officer, of murder Tuesday for shooting and killing a black man after she mistook his apartment for hers.

Afternoon Briefs: Judge OKs ID using altered photo; infants seized for parents’ vitamin refusal, suit says

Judge allows eyewitness IDs based on altered mug shot

A federal judge in Portland, Oregon, has refused to toss tellers’ identification of a suspected bank robber based on a…

Spousal communication privilege ‘has outlived its useful life,’ state supreme court says

The New Mexico Supreme Court has abolished the spousal communication privilege in a murder case based on testimony by the defendant’s ex-wife and estranged current spouse.

The court said the…

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