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National Law Journal

DC Shifts to 'Daubert' Rule for Expert Testimony

The D.C. Court of Appeals ruled this week that the District would follow the standard used in the federal court system, replacing a rule that dates back nearly a century.
9 minute read

Legaltech News

OutsideIQ's DDIQ Leverages Artificial Intelligence for Automated Anti-Bribery Compliance

The tool searches unstructured and structured bribery databases and the open and dark web to help organizations adhere to the ISO 37001 standard.
5 minute read

New York Law Journal

USA v. Thomas

By | October 18, 2016
'Expert' May Not Testify; Convictions May Be Cross-Examined But Not Raised in Case-in-Chief
3 minute read

The Recorder

United States v. Camez

By | October 17, 2016
4 minute read

The Legal Intelligencer

Commonwealth v. Massey, PICS Case No. 16-1245 (C.P. Crawford Aug. 19, 2016) Spataro, J. (8 pages).

By | October 14, 2016
An individual with outstanding warrants went to the courthouse to submit payment with a bad check, and was taken into custody. The detective assigned to assist with the bad check went to the parked vehicle in which the individual arrived, and observed documents in plain view that could be relevant. The driver of the car, defendant's wife, was likewise taken into custody on an outstanding warrant, the vehicle impounded, and search warrant obtained. Defendant sought to suppress the evidence obtained from the search on grounds that the police had lacked probable cause, which the court refuted based on the unfolding of events and on the Vehicle Code. Defendant's motion to suppress was denied.
8 minute read

The Legal Intelligencer

Commonwealth v. Stephenson, PICS Case No. 16-1232 (C.P. Centre Aug. 16, 2016) Campbell, J. (12 pages).

By | October 14, 2016
Driver of a vehicle that overturned in a two-car crash exhibited signs of intoxication. The responding officer placed him under arrest, drove him to the hospital, and read him the contents of the form DL 26, which he signed. The Commonwealth took that as consent under existing law, but post-Birchfield, when the case came to trial, the current evaluation of implied consent and stated penalties for refusing to submit to DUI tests indicated that blood tests were a form of search that required warrants. The submission to the test while already in custody was found a form of coercion. Defendant's motion to suppress the test results was granted.
7 minute read

The Legal Intelligencer

Commonwealth v. Fant, PICS Case No. 16-1249 (Pa. Sept. 28, 2016) Donohue, J.; Baer, J. (dissenting) (32 pages).

By | October 14, 2016
Recorded conversations between an inmate and his visitors on a telephone-like apparatus were properly suppressed pursuant to the Wiretap Act where the act only authorized recordings of inmate telephone calls. Reversed.
6 minute read

The Legal Intelligencer

Commonwealth v. Kindler, PICS Case No. 16-1251 (Pa. Sept. 28, 2016) Baer, J. (8 pages).

By | October 14, 2016
The court lacked jurisdiction to consider an appeal from the trial court's order precluding the commonwealth from introducing victim impact evidence at a resentencing hearing. Appeal transferred.
4 minute read

New York Law Journal

Matter Relating to the Grand Jury Proceeding against Febus

By | October 13, 2016
Defendant Waived Attorney-Client Privilege, LAS' Motion to Quash Subpoena Denied
3 minute read

New York Law Journal

Judges Say Prosecutor's Statements to Jurors on DNA Evidence Were Inaccurate

The Fourth Department ordered a new trial for a man serving a prison sentence on a weapon possession charge, saying he received ineffective counsel because his defense attorney did not object to "grossly exaggerated" DNA evidence presented by the prosecutor.
4 minute read

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