ABA Journal

Evidence

3413 ABA Journal Evidence articles.

‘Making a Murderer’ subject Steven Avery loses appellate bid for new-trial hearing; his lawyer is undeterred

The Wisconsin Court of Appeals on Wednesday rejected a request for a hearing in a new-trial bid by Steven Avery, whose case was portrayed in the Making a Murderer Netflix series.

Public defenders say modified ShotSpotter coordinates were used to implicate client; is it a widespread problem?

Gunshot detection technology known as ShotSpotter has been used as evidence in 190 court cases even as some critics raise questions about the technology.

Judge permits prosecutors to use facial recognition to open accused Capitol rioter’s laptop

A federal judge in Washington, D.C., on Wednesday granted a Department of Justice request to place an accused U.S. Capitol rioter in front of his laptop to unlock the device with facial recognition.

Lawyer who lobbed F-word at judge is sentenced to jail time

A St. Louis County lawyer has been sentenced to a week in jail for directing the F-word toward a judge during a hearing in a medical malpractice case.

Good cop, bad cop: What happens when police get too cozy with informants?

Over a year ago, I wrote a column for my “law and pop culture” series regarding the A&E show Live PD. In that column, I spoke about the problems these types of series can cause for defendants and law enforcement.

3 newest justices join Supreme Court liberals in decision for fleeing misdemeanor suspect

The U.S. Supreme Court ruled Wednesday that police officers who are pursuing a misdemeanor suspect aren’t necessarily entitled to enter a home without a warrant.

Judge sanctions Dechert lawyers for ‘willful disregard’ of her order on impeachment evidence

A federal judge overseeing 3M earplug litigation in Pensacola, Florida, has sanctioned a Dechert lawyer $10,000 for showing jurors a slide on the devices’ effectiveness in closing arguments without making clear that the information could be considered for impeachment purposes but not for truthfulness.

DOJ seeks reinstatement of death penalty for Boston Marathon bomber

The U.S. Department of Justice is backing reinstatement of the death sentence for the Boston Marathon bomber in a brief filed Monday with the U.S. Supreme Court.

A new evidence management tool aims to help public defenders process video and audio

Two University of Chicago alums and technologists have developed a technology platform known as JusticeText, an AI-powered evidence management tool primarily geared toward public defenders.

Citing lack of evidence, prosecutor drops summons against appeals judge accused of nearly hitting protester

A specially appointed prosecutor won’t be pursuing a case against a North Carolina appeals judge who's accused of nearly hitting a Black Lives Matter protester with his SUV.

SCOTUS will hear case involving FBI surveillance of Muslim community and state secrets privilege

The U.S. Supreme Court on Monday agreed to consider the government’s ability to invoke the state secrets privilege to defeat a lawsuit accusing the FBI of illegally spying on the Muslim community.

Afternoon Briefs: Legal industry jobs jump again; Boies Schiller emails admissible at former CEO’s trial

Legal industry gains 1,700 jobs in May

The legal services industry gained 1,700 jobs in May, according to seasonally adjusted numbers released Friday by U.S. Bureau of Labor Statistics. The…

How one lawyer is trying to solve a John Wayne Gacy murder mystery

Steven Becker wasn’t sure what he’d see at his first exhumation. But here he was, on Sept. 5, 2012, at the Queen of Heaven Cemetery in Hillside, Illinois, on behalf of his client, who insisted that the body in the coffin was not—despite what police said—her son.

Judge cuts sentence after defense lawyer claims ‘shady shenanigans’ by federal prosecutor

A federal judge in Kansas City, Kansas, has slashed a defendant’s sentence from 20 to nine years in prison, citing a federal prosecutor’s failure to “conduct herself as a prosecutor must.”

Plaintiff who alleges hip implant injuries must turn over Fitbit data, federal judge rules

A plaintiff who alleges that he was injured by a defective hip implant must turn over data from his Fitbit to the defendant, a federal judge ruled Monday.

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