ABA Journal


3411 ABA Journal Evidence articles.

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…

Defense questions palm print in first murder case using family tree DNA to go before a jury

Defense lawyers for a man identified as a double-murder suspect through family tree DNA focused on a different forensic issue—a palm print—during his trial on Tuesday.

The defendant, 56-year-old William…

Sandy Hook families say Alex Jones’ lawyers sent discovery materials with embedded child porn

Updated: Lawyers representing Sandy Hook families in a defamation suit against "Infowars" radio host Alex Jones say several emails turned over in discovery contained embedded images of child pornography.

Famous criminologist’s incorrect testimony about bloody towel leads to overturned convictions

The Connecticut Supreme Court overturned 30-year-old murder convictions of two men Friday because the state failed to correct a well-known criminologist’s testimony that a red substance on a towel in…

Lawyers have a duty to disclose adverse legal authority even if it hurts their case

Attorneys are supposed to be zealous advocates for their clients and win their cases. Should they mention an adverse ruling and distinguish it, or just ignore the case and cite other authorities?

Joined by 2 other justices, Thomas rejects liberal colleagues’ criticism in case of death-row inmate

U.S. Supreme Court Justice Clarence Thomas says “there is nothing of substance” to four colleagues’ allegations of unfairness last month in the U.S. Supreme Court’s handling of a stay request.

Can true-crime documentaries do more harm than good?

When done correctly, the true-crime genre produces digital page-turners, cliffhangers and whodunnits allowing viewers to play detective. While the best ones of the breed are engaging, informative and entertaining, it's the entertainment aspect that ultimately worries me.

Do court bans on electronic devices impede access to justice?

Courts of all types have banned cellphones in courtrooms. Some inform litigants of the ban before they show up, others don’t. Some offer lockers for storage, others don’t. Courts have cited different reasons for the bans, ranging from preventing disruption in the courtroom to protecting witnesses who could be photographed and potentially threatened for appearing.

BigLaw co-chair charged in college cheating scandal; wiretapped calls are evidence

Updated: Gordon Caplan, co-chairman of Willkie Farr & Gallagher in its New York City office, is among 50 people charged in an alleged bribery scheme to gain students’ admission into top universities.

Top state court reinstates murder conviction of Adnan Syed; his case was chronicled in ‘Serial’ podcast

On Friday, Maryland’s top court reinstated the murder conviction of Adnan Syed, whose case gained prominence after it was examined in the Serial podcast.

‘Making a Murderer’ team co-founds new Center for Integrity in Forensic Sciences

A team of lawyers in Wisconsin has launched a center to fight the use of problematic forensic evidence in court. Two co-founders of the Center for Integrity in Forensic Sciences, Dean Strang and Jerry Buting, are well-known in pop culture from their roles in the hit Netflix docuseries Making a Murderer. A follow-up season was released in October.

Innocence Project sues museum for access to archives on ‘tragically flawed’ bite-mark evidence

The Innocence Project has sued the federal government’s National Museum of Health and Medicine for denying it access to archival information on the history of bite-mark analysis.

The Feb.…

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