New York Law Journal | Analysis
By Joel R. Brandes | September 4, 2024
"In situations of negligent destruction of evidence, the court must consider the prejudice resulting from spoliation in determining what type of sanctions are warranted," writes Joel R. Brandes.
New York Law Journal | Expert Opinion
By Michael Packard and Daniel Koffmann | September 4, 2024
Quinn Emanuel partners Michael Packard and Daniel Koffmann discuss the recent decision in 'Diaz v. United States,' where the Supreme Court has given prosecutors the green light to prove defendants' criminal intent by offering expert testimony about the mental state of people "like" the defendant.
New York Law Journal | Analysis
By Martin A. Schwartz | August 30, 2024
"Section 1983 authorizes a claim for relief only for violations of federally protected rights, not state law rights," writes Martin A. Schwartz.
New York Law Journal | Analysis
By Michael J. Hutter | August 13, 2024
Columnist Michael J. Hutter continues his discussion of the Court of Appeals 2023-2024 term, "addressing significant evidence issues."
By Kenneth E. Pitcoff and Frank H. Foster | July 23, 2024
As there has been a substantial increase in civil litigation concerning wrongful convictions, police officers and municipalities face potential liability for their involvement in the arrest and criminal prosecution of the wrongly accused. While wrongful conviction cases are incredibly nuanced, these cases are still highly defensible and there are a multitude of ways that police officers and municipalities can be defended against such claims.
New York Law Journal | Commentary
By Paul Townsend and Sarena Townsend | July 14, 2024
For too long, a suspect's rights to know when he or she is being interrogated and to have an attorney's presence at police-orchestrated questioning have been brushed aside so that detectives can devise a ruse to coerce a confession, Paul Townsend and Sarena Townsend write.
By Cary London | July 13, 2024
The dismissal hinged on a Brady disclosure violation related to a box of ammunition delivered to the Santa Fe County Sheriff's Office.
By Andrew Denney | Katharine Lee | July 9, 2024
Weinstein, 72, was convicted of rape and sexual assault in 2020 and sentenced to 23 years in prison.
By Brian Lee | July 5, 2024
A 5-0 ruling, authored by Justice Christine Clark, of the Appellate Division, Third Department, said a trial judge should have greenlighted expert testimony on the standard of care.
New York Law Journal | Analysis
By Mark A. Berman | July 1, 2024
Recent decisions addressing AI-enhanced evidence and AI-generated results demonstrate that courts want to know what is in the "black box" and, without understanding the "black box," courts are unwilling to accept AI-created results.
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