Evidence

Paralegal Dates Defendant, Then Resigns, But Public Defender Stays on Case

A paralegal came close to derailing San Francisco Public Defender Jeff Adachi’s represention of an alleged assailant in a gang fight by secretly dating the defendant for over a year. But the potential conflict has been averted: An effort by the prosecution to introduce evidence of a confrontation between the…

Nov 12, 2008 12:09 AM CST

Justices Appear Open to a Ruling Requiring Lab Workers to Testify

The U.S. Supreme Court heard arguments yesterday on whether the Sixth Amendment requires lab workers to be available for cross-examination about their forensic reports. The justices “appeared open to ruling” that testimony is required about the analysis of drug, blood or other forensic evidence, USA Today reports. Justice Anthony M.…

Nov 11, 2008 3:49 PM CST

Supreme Court Turns Down Challenges to Victim Impact Videos

The U.S. Supreme Court has refused to hear two cases that ask whether jurors considering the death penalty can consider emotional videos as victim impact evidence. Justices David H. Souter, John Paul Stevens and Stephen G. Breyer voted to hear the cases. The number was one vote shy of the…

Nov 10, 2008 3:43 PM CST

Mass. AG to Make First Supreme Court Appearance in Sixth Amendment Case

Massachusetts Attorney General Martha Coakley makes her first U.S. Supreme Court appearance today to argue that the state is not obligated to produce forensic scientists for courtroom testimony about their lab reports. The argument raises Coakley’s profile at a time she has indicated an interest in replacing Sen. John Kerry…

Nov 10, 2008 3:12 PM CST

FBI Appeals Order Allowing Deposition of Okla. Bombing Conspirator

The FBI is asking a federal appeals court to reverse a judge’s order allowing a lawyer to take the videotaped deposition of Oklahoma City bombing conspirator Terry Nichols. The order permits Salt Lake City lawyer Jesse Trentadue to take the deposition of Nichols and death-row inmate David Paul Hammer, who…

Nov 7, 2008 5:24 PM CST

Texas Mom Serving Life Sentence After Boy Dies of Salt Intoxication

Hannah Overton probably did nothing wrong, several experts say. But the Texas mother was convicted of capital murder last year and is serving a life sentence, after a foster child died in her care. The jury apparently convicted her because she wasn’t aggressive enough in seeking medical treatment for the…

Nov 7, 2008 12:43 AM CST

Cravath Withdraws as Pro Bono Counsel Following Claim of Altered Tape

Cravath, Swaine & Moore has withdrawn as pro bono counsel for a convict who won a new trial on the basis of another man’s audiotaped murder confession that is now alleged to be a fake. Cravath and co-counsel Thomas Hoffman both deny any wrongdoing in the case, the AmLaw Daily…

Nov 5, 2008 3:55 PM CST

Cisco Turns Up Heat in ‘Patent Troll’ Case

The case involving the once-anonymous Patent Troll Tracker is in the news again now that Cisco Systems is reportedly turning up the heat on a Texas lawyer who sued the company. The Pattent Troll Tracker, who unmasked himself after a lawyer offered a $15,000 reward for anyone who would reveal…

Nov 4, 2008 12:10 AM CST

Supreme Court to Decide Whether Inmate has Right to DNA Test

The U.S. Supreme Court has agreed to decide whether a former inmate convicted of raping and assaulting a prostitute has a constitutional right to a DNA test that he claims will establish his innocence. The U.S. Supreme Court agreed today to hear the civil rights claim of Alaska inmate William…

Nov 3, 2008 3:32 PM CST

Taking Trials to Court

Every day in criminal trials, prosecutors introduce reports from crime labs as evidence. States carried out tests in 1.9 million drug cases alone in 2006, according to the U.S. Drug Enforcement Administration (PDF).

Nov 2, 2008 2:35 AM CST

DOJ Ordered to Turn Over Papers on Gitmo Detainee’s Treatment

A federal judge in Washington, D.C., has ordered prosecutors to turn over documents shedding light on a Guantanamo detainee’s claims of torture in a case that troubled the British High Court. Ruling in the case of Binyam Mohamed, U.S. District Judge Emmet Sullivan ordered the Justice Department to turn over…

Oct 31, 2008 4:23 PM CDT

Lawyer Accuses Opponent of Disdainful Stares in Candidate’s Deposition

A gubernatorial candidate in Washington maintained he didn’t violate campaign finance laws during a deposition Wednesday that was marked more by the lawyers’ rancorous disagreements than revealing testimony. The Seattle Times reviewed the transcript. “There were raised voices, stare-downs, threats to call a judge, accusations of defamation, orders not to…

Oct 30, 2008 6:03 PM CDT

Some Courts Allow Evidence from Cell Phones Searched Incident to Arrest

Privacy advocates are expressing concern about some court rulings that are allowing police to search through cell phones for call lists and text messages during an arrest. The rulings cite the doctrine of search incident to arrest that allows a search of “containers” on or near arrested suspects without probable…

Oct 30, 2008 4:39 PM CDT

Man Guilty of Fatal 1980 Hit-and-Run Now Faces Murder Case in Same Death

In 1980, Ronald Rice stood before a judge in suburban Chicago and apologized for hiding the body of an 11-year-old boy that he accidentally hit with his car. He was sentenced to 6 months in the hit-and-run case. But today Cook County officials said that was far from the full…

Oct 29, 2008 6:20 PM CDT

Judge Blasts Morgan Lewis’ Offer of Free Legal Help as Discovery Tactic

A Brooklyn, N.Y., judge has blasted Morgan, Lewis & Bockius for offering to provide free legal help to four employees of a hospital it is defending in an employment dispute. Saying the move was aimed at gaining an advantage in discovery, Judge Michael Ambrosio of Brooklyn refused to allow the…

Oct 29, 2008 4:28 PM CDT