Evidence

Sanctions Sought for Law Firm Accused of Using Inadvertently Produced Info to Solicit New Clients

Counsel for some of the defendants in complex nationwide litigation concerning claimed defects in ASR hip implants marketed by a unit of Johnson & Johnson are asking a Georgia judge to sanction an Atlanta law firm. Childers Schlueter & Smith was already representing plaintiffs in some of the approximately 4,500…

Feb 13, 2012 9:30 PM CST

Lawyer Sues Over New Gitmo Policy Requiring Review of Attorney Mail to Detainees

A lawyer who filed suit in Washington, D.C., seeking relief from a rule that requires officials at the Guantanamo Bay military prison to review attorney-client mail, is at least the second to do so. James Connell’s suit, which names Rear Adm. David Woods as a defendant, was filed in federal…

Feb 10, 2012 6:12 PM CST

Top Texas Criminal Court OKs Use of Defendant’s MySpace Pages to Convict Him in Slaying

Despite an absence of forensic evidence, Ronnie Tienda Jr. was convicted and sentenced to 35 years in prison in the slaying of a 23-year-old man in a 2007 Dallas freeway shootout. The guns that were fired in the incident were never recovered, nor was there a bullet match. However, Tienda,…

Feb 8, 2012 9:19 PM CST

Trained Dogs Show Law Enforcement the Money, Will Work for Treats

The U.S. Customs and Border Protection has long used trained dogs to sniff out currency in vehicles en route to or from other countries. But now law enforcement agencies are increasingly doing so within the U.S., seizing substantial amounts of cash and and gaining evidence for drug and money-laundering cases,…

Feb 7, 2012 4:58 PM CST

ABA Seeks to Avoid ‘Hobson’s Choice’ in International Discovery

In a close vote, the ABA House of Delegates has passed a resolution urging U.S. courts to “consider and respect” the data protection and privacy laws of foreign countries. Resolution 103A says U.S. courts in civil discovery disputes should consider and respect foreign privacy laws “where possible in the context…

Feb 6, 2012 9:01 PM CST

Resolution Tackles Expert Evidence Issues in Criminal Cases

The ABA House of Delegates has approved a resolution designed to help jurors in criminal cases assess expert evidence. Resolution 101C urges judges and lawyers to consider several factors in determining how expert evidence should be presented to juries and how jurors should be instructed. The resolution lists seven factors,…

Feb 6, 2012 4:39 PM CST

Did Penn State’s Counsel Represent Witnesses in Grand Jury’s Sandusky Probe?

Was Cynthia Baldwin representing Pennsylvania State University, or two officials there, when she attended their grand jury testimony in a sex-abuse investigation against a former assistant football coach? The answer to that question could affect the criminal cases against both officials, who are now facing perjury charges concerning their testimony,…

Feb 2, 2012 11:24 PM CST

Both Sides Fire Parting Salvos as Runaway Grand Jury Probe of Texas DA’s Office Fizzles

After months of speculation, a runaway Texas grand jury that decided on its own to launch an investigation of the local district attorney’s office has issued a brief report blasting prosecutors but no indictments. It criticized the Harris County District Attorney’s office for allegedly investigating grand jurors and “unexpected resistance,”…

Feb 2, 2012 6:32 PM CST

Defense Lawyers Cite New Arson Research to Challenge Convictions

Defense lawyers armed with new research about arson fires are challenging convictions, including that of an Ohio death-row inmate. Lawyers for Michael Webb say he was convicted based on arson science that is no longer believed to be valid, the Associated Press reports. They argue that the 1990 fire that…

Feb 1, 2012 3:07 PM CST

Letters: Twitter Time?

TWITTER TIME? Here’s an idea for next year’s Blawg 100 (December) or another issue: Select the top 100 legal Twitter feeds. There are some great feeds out there that are not associated with blogs (or not associated with well-known blogs). There are also some great blogs with no/mediocre Twitter feeds,…

Feb 1, 2012 10:50 AM CST

Attorney for Defendant’s Wife Won’t Be Forced to Testify in Ga. Murder Trial

When a high-profile murder trial begins next month in Georgia, there’s one sought-after witness who won’t be called—a matrimonial lawyer representing the defendant’s estranged wife. Although the defense contended attorney Esther Panitch may have had independent information about the crime and defendant Hemy Neuman’s mental state at the time it…

Jan 31, 2012 11:12 PM CST

Jury Doesn’t Buy Husband’s Testimony, Convicts Him of Murder-Attempt for Setting His Wife on Fire

A domestic violence victim who has made the best of her life after being burned over 80 percent of her body burst into tears yesterday as a Florida jury’s verdict against her estranged husband was announced. Christopher Hanney, 46, was found guilty of attempted first-degree murder, aggravated battery with great…

Jan 27, 2012 6:08 PM CST

Jury Mulls Murder-Attempt Case Against Man Who Testified Badly Burned Victim Attacked Him

Updated: A Florida jury is now reportedly deliberating attempted murder and arson charges against a man accused of dousing his wife with gasoline and setting her on fire. The badly burned victim survived the 2007 blaze and testified against him earlier this week. However, in testimony that packed a Hillsborough…

Jan 26, 2012 11:11 PM CST

Suit by Illinois AG Claims Credit Rating Agency Ignored Risks of Bundled Mortgages

Illinois Attorney General Lisa Madigan claims in a lawsuit filed on Wednesday that Standard & Poor’s gave high ratings to mortgage-backed securities while ignoring the risks of the investments. Madigan accuses the company of bolstering ratings to retain clients and generate revenue, report the Chicago-Sun-Times and the Associated Press. The…

Jan 26, 2012 2:26 PM CST

Will Death of Joe Paterno Weaken Prosecution of Former School Officials?

Prosecutors won’t be able to rely on the grand jury testimony of Joe Paterno in the prosecution of two former Penn State officials accused of failing to forward reports of alleged child sexual abuse to law enforcement. Paterno testified before a grand jury that he met with former Penn State…

Jan 25, 2012 4:33 PM CST