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.
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.
New Jersey Law Journal | Commentary
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.
New Jersey Law Journal | Commentary
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.
The Legal Intelligencer | Commentary
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.
Daily Business Review | Investigation
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.
Texas Lawyer | Analysis|Expert Opinion
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.
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.
By Riley Brennan | December 7, 2023
This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be first to know about new suits in your region, practice area or client sector.
New York Law Journal | Analysis
By Michael J. Hutter | December 6, 2023
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.
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