ABA Journal

Evidence

3395 ABA Journal Evidence articles.

Removal of ‘Holy Spirit’ juror requires new trial for former lawmaker, en banc 11th Circuit rules

Former U.S. Rep. Corrine Brown of Florida is entitled to a new trial in an alleged charity scam because a federal judge removed a juror for his "Holy Spirit" remark, a federal appeals court ruled Thursday in a 7-4 en banc decision.

Afternoon Briefs: DNA on murder weapon isn’t from executed man; lawmakers embrace firing-squad executions

DNA suggests murder was carried out by someone other than executed man

DNA tests on a murder weapon and a bloody shirt are not a match with the man executed…

Lawyer seeks new trial based on alleged cybersecurity flaws in phone-cracking product

A Maryland defense lawyer is seeking a new trial for his client after a blog post claimed that a product used by police to extract cellphone data has cybersecurity flaws.

Evidence supports RICO conviction of man who said his gun ‘burst out’ before shooting judge, appeals court says

A federal appeals court on Wednesday upheld the Racketeer Influenced and Corrupt Organizations Act conviction of a man accused of shooting a Texas judge as part of racketeering conspiracy that involved stolen credit and debit card numbers.

Can opening-the-door evidence doctrine violate the confrontation clause? SCOTUS will decide

The U.S. Supreme Court on Monday agreed to decide whether trial testimony for a criminal defendant can open the door to rebuttal evidence that would otherwise be barred by the confrontation clause.

Evidential essentials: How witnesses can make or break a case

It was a cold Canadian winter morning. But let me get back to that in a moment. The success of your case often gets down to three things: witnesses, witnesses and witnesses. Good advocacy helps, too, but that generally means marshaling good witnesses.

Top state court deadlocks on fiduciary exception to attorney-client privilege in K&L Gates case

A deadlocked Pennsylvania Supreme Court was unable to decide last week whether trust beneficiaries are entitled to legal billing statements and other lawyer communications with the trustee under a fiduciary exemption to attorney-client privilege.

Minnesota’s unique ‘spark of life’ doctrine allows evidence about George Floyd’s life during former officer’s trial

A unique “spark of life” doctrine in Minnesota allows prosecutors to introduce evidence about George Floyd’s life in the trial of Derek Chauvin, the former Minneapolis police officer who is accused of causing his death.

Evidence of jury racial bias in civil trial requires hearing, 6th Circuit says, citing ‘crackhead’ assumption

A federal trial court must hold a hearing to examine potential jury bias after one woman said jurors considered the Black plaintiff to be "a crackhead" and referred to his lawyers as the "Cosby Show," a federal appeals court has ruled.

‘Professional exonerators’ contributed to more than 60% of last year’s exonerations

Conviction integrity units and innocence organizations are contributing to an increasing number of exonerations over time, according to the National Registry of Exonerations.

Reluctant trial witnesses should disclose vaccination status to judge, motion says

Witnesses who want to avoid in-person testimony at an upcoming trial should disclose their vaccination status and explain their bid to testify remotely, according to a motion filed in a suit alleging retirement-plan mismanagement.

Supreme Court reinstates murder conviction, says 6th Circuit ignored ‘ample evidence’

The U.S. Supreme Court on Monday reinstated the murder conviction of a Tennessee death-row inmate accused of killing a motel maid, ruling that a federal appeals court had relied on a “fanciful theory” to grant him a new trial.

DA says she will toss 74,800 criminal cases because of lab fiasco

District Attorney Rachael Rollins of Suffolk County, Massachusetts, plans to toss 74,800 criminal cases as a result of a lab scandal that sent a chemist to prison.

Afternoon Briefs: Judge allows DNA collected from suspect via fake survey; judge resigns amid probe of texts

Judge allows DNA collected in fake police survey

A judge in Wisconsin has ruled that prosecutors can use DNA collected from a licked envelope in the prosecution of Raymand Vannieuwenhoven…

Supreme Court will consider reinstating death sentence for Boston bomber

The U.S. Supreme Court on Monday agreed to consider whether a federal appeals court erred when it vacated the death penalty for convicted Boston bomber Dzhokhar Tsarnaev.

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