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Daily Report Online

Attorney Testimony Is Risky Business

J. Randolph Evans and Shari L. Klevens write that, while some attorneys, and litigators in particular, may be comfortable with the idea of testifying, attorney testimony is risky business.
11 minute read

The Legal Intelligencer

Commonwealth v. Williams, PICS Case No. 17-0093 (Pa. Super. Jan. 12, 2017) Strassburger, J. (9 pages).

By | January 27, 2017
The trial court erred in precluding testimony describing lost surveillance footage, where such evidence was only potentially useful to defendant, rather than being materially exculpatory. Order of the trial court reversed, case remanded.
6 minute read

New Jersey Law Journal

Doctor's Rape Conviction Tossed Over Faulty Rulings on Evidence

An appeals court has ordered a new trial for a physician who was convicted of the sexual assault of a patient who was sedated based on findings of evidentiaty errors at trial.
9 minute read

New Jersey Law Journal

State v. Wilson

By | January 26, 2017
Supreme Court Authorizes New Rule to Bypass Witness Authentication of Maps
5 minute read

Texas Lawyer

All Hat, No Cattle, Leads to $23.1M Verdict

At a four-day trial, Midwestern Cattle, represented by Chris Trowbridge, alleged that the parents and their son engaged in a check-kiting scheme that involved the purchase and sale of cattle — animals , as it was discovered, were fictitious.
5 minute read

New York Law Journal

Dewey Retrial Judge to Give Defense 'Wide Latitude'

As jury selection began Monday in the retrial against two Dewey & LeBoeuf executives, the judge overseeing the case said he would give "wide latitude" to defense attorneys on questioning a key government witness, with exceptions.
4 minute read

The Legal Intelligencer

Commonwealth v. Roche, PICS Case No. 17-0063 (Pa. Super. Jan. 4, 2017) Stevens, P.J. (20 pages).

By | January 20, 2017
Trial court properly convicted appellant of two counts of first-degree murder and appellant's challenge to the denial of his motion to suppress his statements to the police failed because the credible testimony of the officer who took appellant's Miranda waiver showed that appellant was not impaired by alcohol and appellant waived his challenge to the sufficiency of the evidence by failing to specify the elements upon which the evidence was allegedly insufficient. Affirmed.
6 minute read

The Legal Intelligencer

Commonwealth v. Rayner, PICS Case No. 17-0062 (Pa. Super. Dec. 29, 2016) Platt, J. (22 pages).

By | January 20, 2017
Trial court did not err in denying appellant's motions for a mistrial because prosecution references to an anonymous tip were not hearsay since they were made to explain a police course of action. Affirmed.
6 minute read

New Jersey Law Journal

STATE V. LEGETTE

By | January 19, 2017
Police May Not Follow Suspect Into Home During Investigatory Stop
5 minute read

New Jersey Law Journal

Sex Offenders Challenge Constitutionality of Mandatory Lie Detector Tests

A trio of paroled sex offenders is challenging New Jersey Parole Board regulations requiring them to submit to periodic polygraph examinations, saying their constitutional rights are being violated. Oral arguments were heard Jan. 17.
7 minute read

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