ABA Journal

Evidence

3404 ABA Journal Evidence articles.

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.

Wife’s warnings before death can’t be used in husband’s murder trial, top state court rules

The Wisconsin Supreme Court has ruled that a dead woman’s earlier warnings that her husband may kill her can’t be used as evidence in his retrial for murder.

Man convicted of murder sues Hertz for failing to produce receipt backing his alibi

A Michigan man convicted of second-degree murder has sued car rental company Hertz for failing to produce a receipt that would have backed up his alibi.

Interested in infectious disease litigation? Before you accept a case, read this

When Davis M. Walsh and Samuel L. Tarry began assembling Infectious Disease Litigation: Science, Law, and Procedure, they had no idea a pandemic was soon going to make the topic more relevant than ever.

Marvel CEO seeks punitive damages for alleged theft of his DNA during a deposition

Marvel Entertainment CEO Ike Perlmutter is seeking punitive damages against Chubb insurance for allegedly facilitating a DNA theft during a deposition.

Perlmutter alleges an in-house lawyer for a Chubb subsidiary…

California nonprofit pushes states to make jury instructions more broadly available

Since his early days as a lawyer, Wisconsin criminal defense attorney Chad Lanning has been troubled that the state’s jury instructions were not freely available to the legal community or the general public. As Lanning rose to leadership in the Wisconsin Association of Criminal Defense Lawyers, he turned to Public.Resource.Org’s Carl Malamud for assistance in raising concerns about the issue.

2nd Circuit won’t consider reinstating suit alleging refusal to hire felons amounts to hiring bias

The 2nd U.S. Circuit Court of Appeals at New York has refused to consider reinstating a hiring-bias lawsuit claiming that a company’s ban on hiring convicted felons had a discriminatory impact on Black job applicants.

Rambling remarks by Trump impeachment lawyer bewilder pundits

The second impeachment defense of former President Donald Trump got off to a slow start Tuesday.

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