Evidence

New Evidence in Spitzer Aides Probe

When New York’s attorney general recently concluded that aides to the state’s new reform-platform governor broke no laws in pursuing what some news reports have characterized as a “choppergate” political dirty tricks campaign, he may not have had all the relevant evidence. Aides to Gov. Eliot Spitzer had separate BlackBerries…

Aug 7, 2007 4:45 PM CDT

The Toughest Call

Lawyer’s life changed when he decided to keep a client’s confession confidential

Aug 1, 2007 8:34 AM CDT

Discovery Is the Trial

Use depositions as if they’re the only chance you’ll have to try the case

Aug 1, 2007 8:27 AM CDT

Strong Support for Privilege Bill

Supporters predict that legislation to protect attorney-client privilege in corporate probes could pass by the end of a year. Bills introduced in the House and Senate have strong bipartisan backing, the National Law Journal reports. The measures would bar federal prosecutors from requiring waiver of attorney-client and work-product protections in…

Jul 26, 2007 2:29 PM CDT

Nev. Judge Suspended, Poses ‘Substantial Threat,’ Commission Finds

A controversial Nevada judge was suspended today by the state Commission on Judicial Discipline, which found that Elizabeth Halverson “poses a substantial threat of serious harm” to the public and the administration of justice. In a final order of interim suspension filed today, the commission suspended the judge with pay,…

Jul 26, 2007 12:55 AM CDT

FBI Wants Telecom Database

The FBI is asking Congress for $5 million to pay telecom companies to retain phone and Internet information for two years as a resource in terrorism investigations. Officials told the Washington Post that the FBI would still need to obtain a subpoena or administrative warrant before accessing the information. Mark…

Jul 25, 2007 8:55 PM CDT

IRS E-Mail Advice to Be Disclosed

A federal appeals court has ruled that the Internal Revenue Service must release e-mail advice prepared by the Office of Chief Counsel for field personnel. The U.S. Court of Appeals for the District of Columbia Circuit disagreed with the IRS, which contended that e-mails prepared in less than two hours…

Jul 25, 2007 7:52 PM CDT

Hypnosis Hearing Stuns Petitioner

A federal judge has granted a hearing to determine if the children who agreed to testify in a high-profile sexual abuse case were influenced by hypnosis. U.S. District Judge Joanna Seybert of Central Islip, N.Y., issued the order in response to a habeas petition by Jesse Friedman, the New York…

Jul 24, 2007 3:31 PM CDT

Gov’t Tracks Individual Pharmacy Buys

If you don’t want the police at your door unexpectedly, it’s best not to have too many colds and allergies. Several Kentucky residents found themselves explaining Sudafed purchases to authorities recently, after buying the non-prescription medicine to treat their symptoms, reports National Public Radio. Unbeknownst to them, the government had…

Jul 24, 2007 1:02 AM CDT

Depravity Scale Categorizes Murders

What is evil? The question bedevils philosophers, but that hasn’t stopped a forensic psychiatrist from trying to figure out an answer for the legal system. Michael Welner is a psychiatry professor at New York University who has created a depravity scale that separates run-of-the-mill murders from those that are vile,…

Jul 23, 2007 8:21 PM CDT

Mistaken IDs Spur Most Bad Convictions

A study of 200 wrongful convictions has found that most were the result of mistaken eyewitness identifications. Bad witness IDs occurred in 79 percent of the cases studied, Adam Liptak reports in his Sidebar column for the New York Times (sub. req.). The next leading cause of wrongful convictions was…

Jul 23, 2007 3:52 PM CDT

NY Court Bars Broadcast of Teen’s Name

At least for now, a New York appellate court has foiled an attempt to publish the name of a then-teenage girl who was allegedly sexually abused by an actor backstage after a Broadway show, to solicit information about others she might have accused in the past. A state appeals court…

Jul 20, 2007 11:04 PM CDT

Harvard Study Details Doctors’ Race Bias

In a study that has obvious implications for the legal profession, too, Harvard University researchers have detailed how unconscious bias can significantly affect life-and-death decision-making by doctors. Although previous studies have documented that the bias exists, this is the first time researchers have explained how it happens that a doctor…

Jul 20, 2007 9:16 PM CDT

Ex-Madam Can’t Testify in Spector Trial

A number of potential witnesses are eager to testify for the defense in the televised murder trial of music producer Phil Spector. But they may never get their time in the spotlight because of rulings by Los Angeles Judge Larry Paul Fidler. The witnesses want to talk about actress Lana…

Jul 19, 2007 8:09 PM CDT

Camera ‘DNA’ May Nab Potter Bookjacker

Add digital cameras to the ever-lengthening list of modern technology that can be used as evidence to help prove a criminal or civil case. Experts say they have already identified the serial number of the three-year-old digital Canon Rebel 350 apparently used to take bootleg photos of the not-yet-released Harry…

Jul 19, 2007 6:47 PM CDT