Evidence

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.

Oct 1, 2019 12:09 PM CDT

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 mug shot that had been altered to remove the suspect’s tattoos. U.S. District Judge Marco Hernandez said three of four tellers…

Sep 26, 2019 4:30 PM CDT

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 privilege “has outlived its useful life,” report the Legal Profession Blog and the Associated Press. Justifications that have been cited…

Sep 4, 2019 10:55 AM CDT

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.

Sep 1, 2019 1:40 AM CDT

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 the ethics portion of the bar exam. The attorney general’s office last week obtained a warrant to arrest the would-be lawyer,…

Aug 28, 2019 4:25 PM CDT

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.

Aug 20, 2019 10:21 AM CDT

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 Brooklyn pleaded not guilty Tuesday to charges that include witness tampering, obstruction of justice and conspiracy, NJ.com reports. She was…

Aug 16, 2019 2:29 PM CDT

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 show that the opposing party is withholding documents in discovery. May the lawyer read and use the document? It depends…

Aug 5, 2019 4:24 PM CDT

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 ruling by the Board of Immigration Appeals that allowed an immigrant to seek asylum because his father was targeted by…

Jul 29, 2019 4:30 PM CDT

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 acquitted 24-year-old Joon Woo (Jason) Baik on July 22 after jurors had found him guilty of sexual assault, report the…

Jul 29, 2019 2:13 PM CDT

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 and other discovery foot-dragging. U.S. District Judge Robert Pitman imposed the sanction in a suit filed by 15 plaintiffs who…

Jun 25, 2019 11:57 AM CDT

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 Talbott II, is accused of the November 1987 murders of a young Canadian couple killed during a trip to Seattle.…

Jun 21, 2019 11:45 AM CDT

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.

Jun 18, 2019 3:37 PM CDT

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 the victim’s home had tested positive for blood. The court unanimously overturned the convictions of Shawn Henning and Ralph Birch,…

Jun 18, 2019 11:32 AM CDT

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?

Jun 1, 2019 1:15 AM CDT