ABA Journal

Evidence

3500 ABA Journal Evidence articles.

Freedom Fight: Working tirelessly to free her brother from prison inspired Janis Puracal’s Forensic Justice Project

Janis Puracal helps people who are trying to prove their innocence after a conviction. But she also works with clients pretrial to reveal any flawed or misleading forensic evidence to prevent a conviction in the first place.

Cellphone video places Murdaugh at murder scene, says prosecutor in once-prominent lawyer’s trial

A prosecutor described cellphone video and gun residue on a raincoat Wednesday to support his contention that once-prominent South Carolina lawyer Alex Murdaugh killed his wife, Maggie, and son Paul.

Law firm’s more protective test for attorney-client privilege ‘is a big ask,’ Kagan says

U.S. Supreme Court Justice Elena Kagan told a lawyer representing a tax law firm Monday that his proposed expansive test for protecting documents under attorney-client privilege “is a big ask,” according to coverage of the oral arguments.

Arnold & Porter is ordered to pay more than $150K in sanctions for discovery ‘poor judgment’

Updated: A New York judge has ordered Arnold & Porter Kaye Scholer to pay more than $150,000 for failing to notify the state of New York of relevant late-discovered documents in opioid litigation and for other "discovery breaches."

What state is deemed top ‘judicial hellhole’ following $1.7B verdict against Ford Motor Co.?

Georgia has climbed to the top spot in a ranking of “judicial hellholes” by the American Tort Reform Foundation.

Justice Jackson’s second SCOTUS opinion is also a dissent to court’s refusal in death-penalty case

Justice Ketanji Brown Jackson has issued a second U.S. Supreme Court opinion that, like the first, disagrees with the court’s refusal to get involved in a death-penalty case.

Judge didn’t have jurisdiction to appoint special master in Trump documents case, 11th Circuit says

U.S. District Judge Aileen M. Cannon of the Southern District of Florida didn’t have jurisdiction to consider former President Donald Trump’s request for a special master to review documents seized from his Mar-a-Lago home in Palm Beach, Florida, a federal appeals court has ruled.

‘We’re just mean people’ excuse fails to persuade Texas court on sanctions

A Texas appeals court has rejected a lawyer’s argument that his colleague can’t be sanctioned for “aggressive and even unkind” comments if there was no interference with justice and “we’re just mean people.”

Justice Jackson writes her first Supreme Court opinion, says justices should have heard death-penalty case

U.S. Supreme Court Justice Ketanji Brown Jackson wrote her first Supreme Court opinion Monday—a dissent from the high court’s refusal to hear a death-penalty case.

Weekly Briefs: Cardozo Law will fight junk science with $15M; sheriff convicted for restraint-chair misuse

Cardozo Law will use $15M gift to fight junk science convictions

Yeshiva University’s Cardozo School of Law plans to use a $15 million donation to create a justice clinic that…

How do you calculate damages in injury trials? Longtime expert witness reveals methodology

Estimating what the future would have looked like if an accident had never occurred can seem more like a thought experiment than a scientific process. But there’s a science behind it, says Michael Shahnasarian.

DOJ report explains why jailhouse informant program violated defendants’ constitutional rights

A jailhouse informant program in Orange County, California, violated the constitutional rights of criminal defendants because of jailers’ involvement, according to a long-awaited report by the U.S. Department of Justice.

Charges are dropped against Adnan Syed of ‘Serial’ podcast fame after further DNA tests

Updated: Additional DNA testing has led prosecutors to drop charges against Adnan Syed, whose murder case was featured on the Serial podcast, Baltimore State’s Attorney Marilyn Mosby announced Tuesday.

Will Trump be indicted in Mar-a-Lago documents case? His lawyers see possibility, object to special master request

Updated: Lawyers for former President Donald Trump mentioned the possibility of an indictment in a letter resisting a special master’s request for information about the declassification of documents seized at Trump’s Mar-a-Lago home in Palm Beach, Florida.

Judge criticizes Gibson Dunn and Facebook for alleged effort to ‘obstruct and delay’ discovery

A federal judge wants additional briefing on the type of sanctions that he could consider against Facebook and its law firm Gibson, Dunn & Crutcher in multidistrict litigation alleging privacy violations by the social media platform.

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