Evidence

3358 ABA Journal Evidence articles.

Afternoon Briefs: BigLaw firm announces layoffs; judge’s TRO blocks Mary Trump book

Katten converts some furloughs into layoffs

Katten Muchin Rosenman has decided to lay off some employees it had furloughed as a result of the COVID-19 pandemic. The firm is…

Lawyer deaths and series of tornadoes don’t excuse late filing, federal judge rules
The unexpected deaths of two lawyers and a series of tornadoes don’t excuse the late filing of an expert report on damages, a federal judge in Dallas has ruled.
Afternoon Briefs: Sanctions can be discharged in bankruptcy, 9th Circuit says; BigLaw firms observe Juneteenth

Lawyer’s discovery sanctions can be discharged in bankruptcy, 9th Circuit rules

A suspended California lawyer may discharge more than $5,700 in discovery sanctions in bankruptcy, but she can’t discharge more…

Defense lawyer who didn’t probe death-row client’s bad childhood was deficient, SCOTUS says
A defense lawyer who failed to investigate his capital client’s tumultuous childhood provided ineffective assistance of counsel, the U.S. Supreme Court held Monday.
Courts and lawyers struggle with growing prevalence of deepfakes

Deepfakes have seeped into our culture and politics. As the technology grows in complexity, making it more difficult to spot fakes, attorneys and judges will have to decide how to manage deepfake evidence and authenticate it.

Millions have been invested in the emerging field of neurolaw. Where is it leading?

How do courts determine a person’s mental state and apply that in deciding guilt or innocence? How do judges and juries weigh evidence related to brain functioning? And what do lawyers and judges need to know to effectively evaluate such questions?

Afternoon Briefs: Man who recorded Arbery video faces charges; Flynn judge asked for response

Official explains charges against man who recorded Arbery video

The charges brought against the man who recorded the fatal shooting of black jogger Ahmaud Arbery represent a significant expansion…

Fighting for compensation in a state that offers no relief to the wrongfully convicted
Ethics and civil procedure are most important knowledge areas for new lawyers, survey says

A survey of nearly 15,000 lawyers sought to determine what knowledge, skills and abilities are needed by newly licensed attorneys.

New podcast from ‘Making a Murderer’ lawyers sheds light on false confessions

Wrongful Conviction: False Confessions is a new podcast hosted by two of the nation’s foremost experts in the field, Steve Drizin and Laura Nirider, law professors and co-directors of Northwestern University’s Center on Wrongful Convictions. The new series was born from their experience on the Netflix documentary Making a Murderer.

Grand jury declines to indict defense lawyer for digging up shell casings
A grand jury declined Monday to indict a defense lawyer in Kentucky accused of digging up shell casings linked to a murder case and keeping them in a safe for more than six years.
Afternoon Briefs: AG Barr will consider Giuliani’s Ukraine evidence; Trump praises drug dealer death penalty

AG Barr will consider Giuliani evidence from Ukraine

U.S. Attorney General William Barr said Monday he will consider information from Ukraine provided by lawyer Rudy Giuliani. Barr cautioned that there…

Could discussing race during criminal trials reduce juror bias?
Empirical studies show that discussion of race during trials and pretrial hearings reduces reliance on stereotypes, according to a paper published in the Seattle Journal for Social Justice.
How corporate lawyers made it harder to punish companies that destroy electronic evidence

In the early 2000s, a series of civil lawsuits against giant corporations illustrated the disastrous consequences that could ensue if a defendant failed to provide electronic evidence such as company…

Prosecutor misconduct in DNA exoneration cases reduces chance real perp will be found, study says

PhD candidate Jennifer Weintraub of the State University of New York conducted the study by examining 335 cases of DNA exonerations, according to the Crime Report. Eight-six of those cases involved allegations or proof of prosecutor misconduct, such as fai

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