Evidence

Extreme Weather Could Mean More Business for Meteorologists Who Testify in Court

Forensic meteorologists who testify in court about past weather conditions could soon see an uptick in business. The New York Times explains why. “Extreme weather often leads to property damage, which can evolve into legal proceedings,” the newspaper says. Stephen Wistar, a senior forensic meteorologist for AccuWeather, testifies mostly in…

Aug 18, 2011 10:30 AM CDT

In UK First, Attorney and Spouse Say Law Firm Forced Them Out Due to Caste Discrimination

In what is being billed as a first-of-its-kind case, a man and a woman of Indian descent have made a wrongful dismissal claim against a British law firm, saying they were forced out of their jobs due to caste discrimination. After practice manager Vijay Begraj, 32, who is a Dalit,…

Aug 17, 2011 7:49 PM CDT

‘Flippant, Cagey and Cavalier’ Take on Accounts, ‘Spiteful’ Attitude Doom Lawyer’s Reinstatement

It wasn’t any one thing. But a series of attorney discipline and ethics issues, over a period of decades, as well as a Michigan lawyer’s bad attitude persuaded the state Attorney Discipline Board last week to revoke his recent reinstatement to practice. Robert L. Wiggins, Jr. had also articulated a…

Aug 16, 2011 11:08 PM CDT

‘Smoking Gun’ Letter Redacted By News of World Publisher Said Editors Knew of Phone Hacking in 2007

Updated: Contradicting claims by other News Corp. employees and even publisher Rupert Murdoch and his son James that they were unaware until later of alleged widespread telephone hacking at the News of the World, a former reporter for the British tabloid has contended in a letter that the intrusions were…

Aug 16, 2011 4:51 PM CDT

2nd Cir. Upholds 10 of 12 Convictions for NY Criminal Defense Lawyer in Attempted Obstruction Case

A New York criminal defense lawyer is facing a 14-year federal prison sentence, after a federal appeals court on Friday affirmed (PDF) 10 of his 12 convictions in an attempted obstruction of justice case concerning a former client. Robert Simels also was convicted of conspiracy and bribery in 2009 after…

Aug 16, 2011 12:30 AM CDT

2nd Cir. OKs Minority New Haven Firefighter’s Disparate-Impact Suit, Despite Supremes’ Ricci Ruling

In an unusual 2009 decision, a divided U.S. Supreme Court not only vacated a lower court’s ruling that the city of New Haven, Conn., had a right to discard the results of a promotional test, out of concern that it was racially biased, but ordered the the city to certify…

Aug 15, 2011 11:48 PM CDT

ABA Raps Villanova re Inaccurate Admission Data, Says Law School Must Post Censure Online

Updated: The ABA’s Section of Legal Education and Admissions to the Bar has sanctioned Villanova University for inaccurately reporting law school admission data. In a letter (PDF) on Friday to the university’s president and the dean of the Villanova University School of Law, the section’s council says the law school’s…

Aug 15, 2011 8:23 PM CDT

Defendant Lawyer’s Win in Sex-Harass Case Is Reversed; ‘Me Too’ Evidence Wrongly Barred

A California lawyer successfully defended a former worker’s employment discrimination suit by arguing that he used vulgar language in his office on an equal-opportunity basis, regardless of race and gender. But a state appeals court this week reversed the trial victory for attorney Thomas J. Anton and his law firm,…

Aug 11, 2011 10:56 PM CDT

Judge Stays Own Ruling, Nixes Search Warrant Sought by Lampooned Wash. City to ID ‘MrFuddlesticks’

A Washington judge has temporarily stayed his own ruling granting a search warrant sought by the Renton city prosecutor after a lawyer for an unidentified videographer known as “MrFuddlesticks” provided more information. His client has done nothing criminal in creating online videos that apparently lampoon local police, and should not…

Aug 10, 2011 9:51 PM CDT

NJ Appellate Panel Reverses Foreclosure Because Deutsche Bank Didn’t Have Note When It Sued

A bank that sued to foreclose a New Jersey mortgage in 2008 is back on square one after a state appeals court ruling yesterday that its filing was defective because it didn’t prove possession of the note for the loan. After winning the case on summary judgment and obtaining possession…

Aug 10, 2011 7:58 PM CDT

Cleveland Prosecutors Hope to Show Serial Killer Is Sane

Cleveland prosecutors offered expert testimony Tuesday intended to show that convicted serial killer Anthony Sowell is sane enough to be executed. A neuropsychologist and a forensic pathologist testified about Sowell’s mental fitness in an attempt to counter defense testimony that the defendant is psychotic, the Associated Press reported. Sowell, 51,…

Aug 9, 2011 7:18 PM CDT

FBI: No DNA Match with Man ID’d as Possible Suspect in Famous Unsolved 1971 Skyjacking

The legend of an unknown hijacker who may have escaped with a $200,000 ransom after parachuting from a Boeing 727 into the Pacific Northwest one night in 1971 lives on, at least for now. The FBI says it was unable to confirm through DNA testing a woman’s claim that her…

Aug 9, 2011 4:47 PM CDT

Identical Twin Brother Complicates Murder Case Based on Eyewitnesses; Defense Claims Mistaken ID

At first, authorities in Chandler, Ariz., thought they had a solid murder case against Orlando Nembhard. But it is based on eyewitness testimony, which can be problematic at the best of times. And in this case, it’s particularly fraught with doubt—was it Orlando Nembhard that witnesses allegedly saw commit the…

Aug 9, 2011 10:27 AM CDT

Therapy Dog Is Cute, but Sends Jurors Wrong Message, Defense Lawyers Say

No one denies that Rosie, a New York therapy dog who works with witnesses in criminal cases, is very cute. However the defense lawyers of a man convicted of raping his daughter claim that the golden retriever’s cuteness swayed a jury too much. During trial, the New York Times reports,…

Aug 8, 2011 5:08 PM CDT

Church Leader Jeffs Convicted in Sex-Assault Case re His ‘Spiritual’ Marriages to Child Brides

After insisting on the right to defend himself at trial and then presenting only one witness and virtually standing mute at closing, the leader of a fringe fundamentalist religious group that advocates polygamy was convicted yesterday in a sexual assault case concerning his “spiritual” marriages to child brides. Warren Jeffs,…

Aug 5, 2011 2:47 PM CDT