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'Diaz': SCOTUS to Consider Expert Law Enforcement Testimony
In November of 2023, the Supreme Court granted certiorari in United States v. Diaz, which raises a question about the admissibility of expert law enforcement testimony offered to support the prosecution's theory that the defendant knew she was transporting drugs. In his article, Yale Law Professor Paul Schechtman discusses the case and its potential implications.
NJ Supreme Court Lowers the Reliability of 'DRE' Protocol, Harming Minorities
In November 2023, New Jersey's Supreme Court declared the testimony of drug recognition experts (DRE) reliable enough to be used as evidence in 'State v. Olenowski,' 253 N.J. 133, (2023). Unfortunately, in doing do, the court lowered the standard for reliability to allow DRE evidence.
The Long, Strange Odyssey of 'Frye v. United States'
Retired Superior Court Appellate Division Judge Harvey Weissbard traces the history of the 'Frye' doctrine from "from its inception to its demise" and the many "baby steps" it took to arrive there.
Warning: Your Opening Statement or Closing Argument May Be Used Against You
The question lawyers need to ponder—and adversaries need to pounce upon—is whether that same admonition applies to what lawyers say in their openings and closings, with the added concern that the warning will be anything you say SHALL be used against you, and you can't dispute it.
Mass Arbitration: Miami Lawyer Leads Charge for 33 Clients Alleging Fraud
"This is not a small company. This is not an insignificant company. It is one of the major players ... in the e-commerce industry," plaintiffs counsel Nima Tahmassebi said.
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Brogdon: When Is Social Media Evidence Admissible?
The first hurdle to be cleared is relevance. The second hurdle is the authentication hurdle, but the authentication hurdle is not as high as many lawyers seem to believe.
Appellate Court Reverses Conviction for Failure Ask Jury Pool About Potential LGBTQ+ Bias
"It is immaterial that Muldrow identified as straight. A juror could reasonably hear the evidence at trial and assume that Muldrow was homosexual or identified with a sexual orientation other than heterosexual. It is the jury's perception of the defendant as homosexual that is the relevant consideration," Judge Joseph M. Getty wrote.
Confrontation Anyone? Supreme Court, Court of Appeals Revisit 'Bruton' and 'Crawford' Rules
The Supreme Court and the Court of Appeals through the years have debated the appropriate ambit of the 'Bruton' and 'Crawford' confrontation rules of exclusion. This ongoing debate has been dramatically evidenced by three recent decisions. As these decisions greatly impact the prosecution and defense of criminal defendants in the New York state courts, this column will address them.
Gen AI and E-Discovery: If Chatbots Can Write, Can They Be Custodians?
The definition of a custodian in e-discovery has evolved significantly over the years, along with its importance, as data volumes and types have exploded. E-discovery experts expect that generative AI will add one more twist to this trend.TRENDING STORIES
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