ABA Journal

Evidence

3433 ABA Journal Evidence articles.

Afternoon Briefs: Legal industry jobs jump again; Boies Schiller emails admissible at former CEO’s trial

Legal industry gains 1,700 jobs in May

The legal services industry gained 1,700 jobs in May, according to seasonally adjusted numbers released Friday by U.S. Bureau of Labor Statistics. The…

How one lawyer is trying to solve a John Wayne Gacy murder mystery

Steven Becker wasn’t sure what he’d see at his first exhumation. But here he was, on Sept. 5, 2012, at the Queen of Heaven Cemetery in Hillside, Illinois, on behalf of his client, who insisted that the body in the coffin was not—despite what police said—her son.

Judge cuts sentence after defense lawyer claims ‘shady shenanigans’ by federal prosecutor

A federal judge in Kansas City, Kansas, has slashed a defendant’s sentence from 20 to nine years in prison, citing a federal prosecutor’s failure to “conduct herself as a prosecutor must.”

Plaintiff who alleges hip implant injuries must turn over Fitbit data, federal judge rules

A plaintiff who alleges that he was injured by a defective hip implant must turn over data from his Fitbit to the defendant, a federal judge ruled Monday.

Afternoon Briefs: Controversial remarks by ‘QAnon shaman’ lawyer; progressive district attorney wins primary

Lawyer for ‘QAnon shaman’ says rioters are ‘short-bus people’

Albert Watkins, the lawyer for the accused U.S. Capitol Hill rioter known as the “QAnon Shaman,” told Talking Points Memo…

New AI-powered legal writing tool aims to help lawyers craft winning briefs

A gratifying legal victory sparked Jacqueline Schafer’s desire to create a legal technology product that would help other lawyers efficiently craft case-winning briefs full of compelling evidence. Clearbrief is an AI-powered legal writing tool.

Ex-prosecutor gives up law license after he’s accused of withholding evidence that led to wrongful convictions

Former Dallas County, Texas, prosecutor Richard E. “Rick” Jackson agreed to give up his law license last month to avoid discipline for allegedly withholding evidence that led to the wrongful convictions of two homeless men.

Removal of ‘Holy Spirit’ juror requires new trial for former lawmaker, en banc 11th Circuit rules

Former U.S. Rep. Corrine Brown of Florida is entitled to a new trial in an alleged charity scam because a federal judge removed a juror for his "Holy Spirit" remark, a federal appeals court ruled Thursday in a 7-4 en banc decision.

Afternoon Briefs: DNA on murder weapon isn’t from executed man; lawmakers embrace firing-squad executions

DNA suggests murder was carried out by someone other than executed man

DNA tests on a murder weapon and a bloody shirt are not a match with the man executed…

Lawyer seeks new trial based on alleged cybersecurity flaws in phone-cracking product

A Maryland defense lawyer is seeking a new trial for his client after a blog post claimed that a product used by police to extract cellphone data has cybersecurity flaws.

Evidence supports RICO conviction of man who said his gun ‘burst out’ before shooting judge, appeals court says

A federal appeals court on Wednesday upheld the Racketeer Influenced and Corrupt Organizations Act conviction of a man accused of shooting a Texas judge as part of racketeering conspiracy that involved stolen credit and debit card numbers.

Can opening-the-door evidence doctrine violate the confrontation clause? SCOTUS will decide

The U.S. Supreme Court on Monday agreed to decide whether trial testimony for a criminal defendant can open the door to rebuttal evidence that would otherwise be barred by the confrontation clause.

Evidential essentials: How witnesses can make or break a case

It was a cold Canadian winter morning. But let me get back to that in a moment. The success of your case often gets down to three things: witnesses, witnesses and witnesses. Good advocacy helps, too, but that generally means marshaling good witnesses.

Top state court deadlocks on fiduciary exception to attorney-client privilege in K&L Gates case

A deadlocked Pennsylvania Supreme Court was unable to decide last week whether trust beneficiaries are entitled to legal billing statements and other lawyer communications with the trustee under a fiduciary exemption to attorney-client privilege.

Minnesota’s unique ‘spark of life’ doctrine allows evidence about George Floyd’s life during former officer’s trial

A unique “spark of life” doctrine in Minnesota allows prosecutors to introduce evidence about George Floyd’s life in the trial of Derek Chauvin, the former Minneapolis police officer who is accused of causing his death.

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