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Case digests, coverage of key rulings, and analysis of trends
By Michael J. Hutter | February 14, 2024
A unanimous decision from the Court of Appeals forcefully emphasized that in legal matters, either in response to a FOIL request or in civil litigation, a governmental entity and its counsel are entitled to engage in confidential communications with counsel to discuss, establish and maintain its legal position, protected by the privilege. Due to the significance of the case, this article discusses the court's decision and the takeaways from it.
11 minute read
By Cedra Mayfield | February 12, 2024
"If we give police officers the idea that they can illegally access a cellphone, see whatever's on there and then go get a warrant based upon the warrantless stuff that they've seen, they can reverse engineer enough probable cause," argued appellant counsel John Jay McArthur.
6 minute read
By Cheryl Miller | January 26, 2024
Legislation by Sen. Angelique Ashby, D-Sacramento, would also direct the Judicial Council to help judges, lawyers and law enforcement spot AI-tampered evidence.
3 minute read
By Paul Shechtman | January 26, 2024
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.
12 minute read
By Joshua S. Bauchner | January 24, 2024
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.
4 minute read
By Harvey Weissbard | January 19, 2024
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.
17 minute read
By Jules Epstein | January 19, 2024
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.
4 minute read
By Lisa Willis | January 18, 2024
"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.
4 minute read
By Quentin Brogdon | January 2, 2024
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.
9 minute read
By Allison Dunn | December 8, 2023
"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.
7 minute read
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