Evidence

NJ Lawyer’s Penis Enlargement Product Lawsuit is Revived on Appeal

Unhappy with the mail-order penis enlargement product he bought in 2007, a New Jersey attorney was also unhappy with the initial result of the class-action consumer fraud litigation he brought over the purchase. But an appeal of the trial court’s dismissal of the case may have a more satisfying outcome…

Feb 4, 2009 7:09 PM CST

More Hot Water for Michael Phelps: Sheriff May Charge Him Over Pipe Pic

International publicity about a published photograph in which Olympic swimming star Michael Phelps is seen taking a hit off what appears to be a marijuana pipe—as Phelps himself has admitted and offered an apology for—wasn’t just causing a sensation with fans. A sheriff in South Carolina says he will charge…

Feb 3, 2009 11:25 PM CST

FBI Ordered to Do DNA Search to Help Suspect in Rape-Murder Case

In what the U.S. Department of Justice describes as an unprecedented ruling, a federal judge in Chicago yesterday ordered the FBI to search its massive national DNA database to see whether it can identify a new suspect in the rape-murder of an 11-year-old Illinois girl. Twice convicted of the 1992…

Feb 3, 2009 8:06 PM CST

German Town to Test Dog DNA to Enforce Pooper-Scooper Law

A small town in Germany is planning to perform a DNA test on every licensed dog to make it easier to enforce a pooper-scooper law. Owners who don’t pick up after pets can then be matched to the evidence that scofflaws leave behind, which a dog warden will collect, reports…

Feb 2, 2009 5:32 PM CST

Herring Decision Suggests Exclusionary Rule Could be at Risk

A U.S. Supreme Court decision earlier this month limiting the exclusionary rule could signal its eventual demise. The decision in Herring v. United States allowed the admission of evidence that is obtained as a result of a negligent police error. The opinion was a significant step and “suggested that the…

Feb 2, 2009 2:35 PM CST

Suspended Pa. Judge Now at Issue in $3.4M Legal Malpractice Judgment

Accusations that two now-suspended Pennsylvania judges accepted $2.6 million in kickbacks in exchange for incarcerating juveniles at specific detention facilities have spilled over into another multimillion-dollar case. A law firm seeking to overturn a $3.4 million legal malpractice award says in a motion for a new trial yesterday that it…

Jan 30, 2009 8:20 PM CST

Police ‘Testilying’ Controversy Heats Up After Exclusionary Rule is Relaxed

After repeated instances of police allegedly lying in court to obtain convictions, some observers would like to see stricter preventative measures. In addition to videotaping searches, some have even suggested polygraphing officers before they take the witness stand to prevent such “testilying.” The nation’s highest court, however, has heated up…

Jan 29, 2009 6:24 PM CST

Former CIA Chief in Algeria Investigated in Claimed Rapes There

An unidentified former CIA station chief in Algeria is being investigated by the U.S. Department of State and Department of Justice in at least two potential rape cases. The investigation, which was initially based on complaints by two Algerian women that they had been raped by the official, began last…

Jan 29, 2009 1:40 AM CST

Murder Suspect Hid Wife’s Body But Didn’t Destroy Notes, Prosecution Says

After allegedly murdering his wife, a wealthy British businessman successfully disposed of her body, prosecutors contend. But Martin Hale reportedly didn’t complete another relatively easy task, providing another basis for the government eventually to charge him with murder in his wife’s 1999 disappearance despite the difficulty of having no body.…

Jan 27, 2009 8:01 PM CST

Chief Judge Blasts US Attorney Over ‘Egregious Failure’ to Disclose

The chief judge of the U.S. District Court for the District of Massachusetts has issued a 42-page ruling blasting the U.S. attorney there over an alleged pattern of violations by his office of a requirement that exculpatory evidence must be disclosed to the defense in criminal cases. “The egregious failure…

Jan 27, 2009 5:46 PM CST

Oops. Internal E-mails Undercut Litigation Position on Fair Use Issue

Lawyers, of course, are well aware of the need to exercise discretion in internal communications that could later come to light in litigation. But an exchange of e-mails among executives at the GateHouse newspaper chain is now an issue in federal fair-use litigation with the Boston Globe. The exchange and…

Jan 22, 2009 7:13 PM CST

Witness Who Questioned Meaning of Truth May Take Revised Oath

There are those who can’t handle the truth and those who can’t swear to it. Expert witness Bruce Kokernot is apparently in the latter camp. He hesitated in December when a family court judge in New York asked Kokernot if he swore to tell “the truth, the whole truth and…

Jan 21, 2009 3:26 PM CST

Prosecutor Gets 6-Month Suspension for Showing Teen Sex Photos to Parents

A prosecutor in Kansas who suffers from a form of autism has been suspended from practice for six months for showing sexually explicit photographs to parents of some teenagers who attended a 2007 party at which alcohol was served. One teen attendee, who was photographed having intercourse after reportedly downing…

Jan 20, 2009 10:43 PM CST

At-Trial Minn. Lawyer is Investigated & Charged in Courthouse Cocaine Case

A Minnesota attorney’s courthouse behavior yesterday in the midst of a client’s trial in a terroristic threats case reportedly led to an immediate investigation and the lawyer’s arrest on felony drug charges. Defense attorney Charles Alan Ramsay, 41, was jailed overnight before posting $10,000 bail today. His arrest yesterday on…

Jan 17, 2009 2:20 AM CST

LA Reviews 1,000 Fingerprint Cases

Authorities in Los Angeles are reviewing the fingerprint analysis in about 1,000 cases, after errors by six examiners came to light as a result of a local newspaper’s investigative report. “A recent Times investigation found that errors were partly the result of the unit’s being marred by inadequate training, antiquated…

Jan 15, 2009 6:16 PM CST