Evidence

3362 ABA Journal Evidence articles.

Longtime prosecutor is fired after judge finds him in contempt for alleged disrespect
A longtime deputy prosecutor in Spokane County, Washington, has been fired after a judge held him in contempt for an alleged argumentative tone and disrespectful attitude in an evidence dispute.
Appeals court tosses slip-and-fall award because of admission of Google Maps image
A Florida appeals court has reversed a $90,000 jury award to a woman who slipped and fell on a sidewalk because a Google Maps photo used to bolster her case was not properly authenticated.
Afternoon Briefs: Legal words flummox child murder defendant; judge nixes ‘The Godfather Part II’ clip

News Roundup

Murder conviction vacated on basis of ineffective lawyering that included false statements to jury
A federal judge in Indianapolis has cited ineffective assistance of counsel in vacating the 2006 murder conviction of a man accused of killing an Indiana University student.
Jurors convict ex-cop who shot man after entering wrong apartment; ‘castle doctrine’ is at issue

Jurors convicted Amber Guyger, a former Dallas police officer, of murder Tuesday for shooting and killing a black man after she mistook his apartment for hers.

Afternoon Briefs: Judge OKs ID using altered photo; infants seized for parents’ vitamin refusal, suit says

Judge allows eyewitness IDs based on altered mug shot

A federal judge in Portland, Oregon, has refused to toss tellers’ identification of a suspected bank robber based on a…

Spousal communication privilege ‘has outlived its useful life,’ state supreme court says

The New Mexico Supreme Court has abolished the spousal communication privilege in a murder case based on testimony by the defendant’s ex-wife and estranged current spouse.

The court said the…

Some states are allowing people and companies to use blockchain to authenticate documents

Looking to capture a slice of the emerging blockchain market, states have enacted new laws and procedures for recognition of signatures, documents and contracts stored on the technology as legal instruments for verification.

Afternoon Briefs: Alleged unlicensed PD failed ethics exam; is puppy-mill law unconstitutional?

Public defender accused of working without a license failed ethics part of bar exam

A public defender in New Orleans accused of working without a law license twice failed…

Cops altered mug shot after witnesses said suspect didn’t have tattoos; should ID evidence be tossed?
A lawyer for a defendant charged with bank robbery noticed something amiss when he received the six photos shown to four tellers to see whether they could identify the suspect.
Former paralegal at US attorney’s office accused of using prosecutor info to expose informants

A paralegal in the U.S. attorney’s office in New Jersey has been indicted for allegedly using government information to identify informants and help her gang member son.

Tawanna Hilliard of…

A smoking-gun document offered by ex-employee of opposing party? Beware ethical risks, opinion says

The scenario: A lawyer is offered access to a document from an opposing party’s former employee, who is not represented by counsel. The lawyer is told that the document will…

Afternoon Briefs: AG Barr restricts asylum in family-ties cases; prosecutors allege ‘perversion of justice’

U.S. Attorney General William Barr has issued a decision that will make it tougher for immigrants to seek asylum based on persecution of immediate family members. Barr reversed a…

Citing contradictory evidence, judge overturns sex assault verdict; juror is ‘absolutely appalled’

Advocates for victims are expressing concern after a Pennsylvania judge granted a defense motion for a judgment of acquittal in a sexual assault case.

Judge Alexander Bicket of Allegheny County…

Judge sanctions BigLaw firm for missing deadline to turn over discovery materials in Baylor litigation

Pepper Hamilton will have to pay reasonable expenses and attorney fees incurred by its opponent in a discovery dispute as a sanction for a missed deadline to turn over materials…

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