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Evidence

3628 ABA Journal Evidence articles.

Execution of Texas man in ‘shaken baby’ case temporarily halted by judge

A district judge in Texas has granted a temporary restraining order, blocking the Thursday execution of Robert Leslie Roberson III after a bipartisan coalition of state House members unanimously voted to subpoena him. Roberson’s scheduled execution would mark the first time a death sentence has been imposed for a case related to shaken baby syndrome, a once widely accepted diagnosis that bolstered criminal prosecutions but has come under increasing scrutiny with evolving science.

Oct 18, 2024 8:30 AM CDT

When queried by judge, chatbot had less faith in its output than expert witness who used it

When confronted with evidence that an expert witness used a chatbot to cross-check lost-value calculations, a judge in Saratoga County, New York, decided to query the source.

Oct 16, 2024 2:24 PM CDT

Lawyers ordered to provide door-to-door apology after their early-morning ‘scream test’

Lawyers who wakened South Philadelphia residents with a looped recording of a screaming woman to prove a point in a lawsuit must go door to door to issue in-person apologies, a federal judge has ruled.

Oct 14, 2024 11:27 AM CDT

Judge approves releasing source documents that detail more Trump-Jan. 6 evidence

A federal judge on Thursday approved the public release of redacted source documents that helped inform special counsel Jack Smith’s explosive 165-page legal brief arguing that Donald Trump can still face prosecution for trying to subvert the results of the 2020 election, but gave the former president seven days to take steps to block the disclosure.

Oct 11, 2024 9:31 AM CDT

SCOTUS seems closely divided on new trial for Oklahoma death row inmate

The Supreme Court appeared closely divided Wednesday over whether to order a new trial for Oklahoma death-row inmate Richard Glossip, whose case has attracted support from across the political spectrum after independent investigations revealed prosecutorial misconduct.

Oct 9, 2024 3:50 PM CDT

9 years of solitary confinement violates Eighth Amendment, jurors find; case later settles

New York has agreed to pay $100,000 to settle a punitive damages claim in a case in which jurors found that nine years of solitary confinement violated the Eighth Amendment rights of an inmate.

Oct 8, 2024 9:00 AM CDT

District attorney ‘paid little attention to the five-alarm fire’ in high-profile case and should be disbarred, panel says

A Colorado district attorney should be disbarred mostly for her "absence at the helm" in a high-profile murder case in which prosecutors failed to turn over sufficient expert witness information to the defense, leading to the exclusion of experts, according to a Colorado disciplinary hearing board.

Sep 16, 2024 11:07 AM CDT

Judge settles suit accusing lawyer of threatening to release her intimate photos in bid to scuttle deposition

A Florida judge has settled her lawsuit against a lawyer she sued for allegedly trying to blackmail her with nude photos chronicling her pregnancy.

Sep 11, 2024 10:46 AM CDT

2nd Circuit cites push notifications to jurors as one reason why Sarah Palin deserves new defamation trial

Former Alaska Gov. Sarah Palin, a Republican, is entitled to a new trial in her defamation case against the New York Times, partly because a jury finding of no liability was marred by push notifications received by jurors, a federal appeals court ruled Wednesday.

Aug 28, 2024 2:54 PM CDT

5th Circuit nixes ‘general, exploratory rummaging’ of location data to find suspects

A federal appeals court's decision Friday on the constitutionality of geofence warrants has “case-of-the-year importance,” according to a law professor's blog post.

Aug 13, 2024 10:58 AM CDT

Federal judge who ruled against Google is ‘taken aback’ by its efforts to avoid paper trail

A federal judge who ruled that Google is a monopolist declined to sanction the search engine for failing to preserve internal chat messages, even though he criticized its policies intended to keep bad evidence out of litigation.

Aug 8, 2024 3:17 PM CDT

How is AI affecting courts and law practice? ABA task force report has answers

Do the Federal Rules of Evidence have to be changed to address issues created by artificial intelligence? That is one of several issues addressed by the ABA Task Force on Law and Artificial Intelligence in a report on AI’s impact on the practice of law released Monday.

Aug 8, 2024 9:38 AM CDT

4th Circuit upholds drug conviction despite use of rap lyrics during trial

The prosecution’s use of drug-dealing rap lyrics at trial was not error requiring reversal of a conviction in connection with the sale of eutylone, a designer drug that is similar to ecstasy, a federal appeals court has ruled.

Aug 7, 2024 8:57 AM CDT

Is the legal system ready for AI-generated deepfake videos?

New generative AI tools make it easier to create deepfake videos that can realistically depict someone’s likeness and voice to show them doing and saying something they didn’t do or say. And that could wreak havoc in the legal system.

Aug 1, 2024 2:10 AM CDT

Shaken-baby murder conviction overturned after defendant offers evidence questioning diagnosis

The Michigan Supreme Court has granted a new trial to a woman convicted of killing her infant daughter by shaking her, holding that proposed expert testimony on shaken baby syndrome would likely result in an acquittal.

Jul 29, 2024 3:11 PM CDT

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