Evidence

Detective Posing as Inmate’s Attorney Interfered with Right to Counsel, Required Conviction Reversal

When John Edward Dawson told his lawyer in a state court burglary and drug case that he was also being represented by a federal defender, she thought he was delusional and requested a psychiatric evaluation. But it was, in fact, true that someone pretending to be a federal defender had…

Mar 8, 2011 11:20 PM CST

Magistrate OKs IP Address Turnover to Sony for All Visitors to Unauthorized PlayStation 3 Site

It isn’t just George Hotz who may soon be feeling the heat from his publication of a “jailbreak” encryption key and software tools on his website that allow PlayStation 3 owners to run their own programs on the consoles. A federal magistrate judge in the Northern District of California has…

Mar 7, 2011 7:08 PM CST

Law Firm of Fla. ‘Foreclosure King’ to Close; It and Affiliated Company Once Had 1,200 Workers

A Florida law firm and an affiliated processing company that were grossing $260 million annually and employing some 1,200 workers as recently as 2009 may both be on their last legs. The Law Offices of David J. Stern will close at the end of the month and the future of…

Mar 7, 2011 5:31 PM CST

Supreme Court Allows State Prisoners to Seek DNA Evidence Through US Civil Rights Law

A Texas death-row inmate seeking a right to DNA evidence may pursue his claim under the federal civil rights law, the U.S. Supreme Court has ruled. The Supreme Court ruled in 2009 in District Attorney’s Office v. Osborne that inmates have no constitutional right to DNA evidence but left open…

Mar 7, 2011 3:38 PM CST

Why Enron’s Downfall May Be Hurting the Legal Job Market (Hint: It Involves Technology)

The federal government’s collection of more than 5 million e-mail messages obtained during its Enron-related prosecutions proved to be a treasure trove for researchers developing better e-discovery software. A computer scientist paid $10,000 for a copy of the e-mails and made it available for free to researchers, the New York…

Mar 7, 2011 12:00 PM CST

Lacking Ballistics Expertise? Looking to Pack Some Heat? Admitted in SC? Here’s a CLE Course for You

For South Carolina attorneys who seek to arm themselves against the potential vicissitudes of law practice but lack the practical training to feel confident about doing so safely, their bar association has anticipated a need. On a single weekend in April, lawyers can not only receive firearms and ballistics analysis…

Mar 4, 2011 10:17 PM CST

Law Firm Facing High-Heels Injury Suit Is Now Gearing Up for E-Mail Discovery Dispute

A woman who sued claiming she was injured when the high heels she was required to wear at Honigman Miller Schwartz and Cohn got caught in the law firm’s carpet is now launching a new attack on the discovery front. A lawyer for Denise Fitzhenry, who formerly worked as an…

Mar 4, 2011 12:53 AM CST

‘Doctored’ Docs Create Mistrial for Lawmaker Accused of Illegally Helping Sis in Supreme Court Race

A Pennsylvania judge today declared a mistrial in the case of a state lawmaker and ex-prosecutor accused of conspiring with a sister to illegally use her staff to help another sister, who now sits on the state supreme court, with election campaign work. Contending, after prosecutors brought documents entered by…

Mar 3, 2011 9:56 PM CST

Ex-SEC Leader Walks Out on Deposition; Judge Will Consider Requiring Him to Testify

Former Securities and Exchange Commission Chairman Harvey Pitt was testifying in a deposition as an expert witness for securities class-action plaintiffs suing Fannie Mae when he apparently decided he had had enough. Pitt walked out of the deposition late last week, spurring a defense motion asking the judge to oust…

Mar 3, 2011 4:41 PM CST

Report: Wife Chilled by 40-Mile Wild Ride on Hubby’s Windshield, But Not Severely Hurt; He’s in Jail

After reportedly clinging to the windshield of her husband’s car as he hit speeds of up to 100 mph during a 40-mile wild ride, a California woman was treated for hypothermia. But Rebecca Carroll, 25, was not severely hurt, complaining only of back pain and facial abrasions, reports the Manteca…

Mar 2, 2011 9:21 PM CST

SEC Is Giving Whistle-Blower Protection One Last Lick

The Wall Street financial meltdown left the markets in turmoil. It also led to the most expansive legislative overhaul of financial supervision since the 1930s New Deal: the Dodd-Frank Wall Street Reform and Consumer Protection Act. Part of the law, passed by Congress last July, juices the ability of the…

Mar 1, 2011 10:20 AM CST

Policy Matter: Firm Plans Insurance Against Evidence Loss

For attorneys and clients who may be keeping physical property and fear damage or loss could give rise to sanctions for evidence spoliation, help—or at least protection—may be on the way. In December, Lexington Insurance Co. announced plans to offer extended policies to guard against spoliation tort claims against clients…

Mar 1, 2011 9:10 AM CST

Sex-Crimes Prosecutor Accused of Raping Colleague Is Reinstated, Seeks AG’s Recusal

A former sex-crimes prosecutor in California’s Contra Costa County who was indicted on charges he raped a junior colleague has been reinstated to his job by an arbitrator and is now seeking the recusal of the state attorney general’s office. Michael Gressett, 54, was reinstated effective Feb. 1, although he…

Feb 25, 2011 11:57 PM CST

Top NH Court Says Trial Judge Abused Discretion by Banning Telephone Testimony

In another step toward a world in which parties, potentially, will routinely be allowed to testify in court despite the fact that they are not physically present, the New Hampshire Supreme Court today held that a trial court judge abused his discretion by refusing to consider allowing a party in…

Feb 25, 2011 10:30 PM CST

Judge’s Comments About Rape Victim and Lack of Jail Time for Offender Spark Courthouse Protest

Despite the cold weather, dozens of picketers have been protesting outside the law courts in Manitoba, Canada, over a judge’s decision not to sentence a convicted rapist to jail and the judge’s comments about the conduct of the victim prior to the crime. After Queen’s Bench Justice Robert Dewar called…

Feb 25, 2011 9:24 PM CST