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New York Law Journal

Court of Appeals Evidence Decisions: A Potpourri of Rules for Criminal (Mostly) and Civil Actions, Part 2

Columnist Michael J. Hutter continues his discussion of the Court of Appeals 2023-2024 term, "addressing significant evidence issues."
13 minute read

Texas Lawyer

Demonstrative Evidence: Seeing Really Is Believing

"Jurors' brains process visual images 60,000 times faster than text, and jurors have a faster, stronger emotional reaction to visuals than words, alone. Visuals cause emotional reactions in jurors that increase information retention and motivate jurors to act," according to Quentin Brogdon of Crain Brogdon.
6 minute read

The Recorder

'United States v. Lynch': Challenges and Strategies for Defending Against Government Experts Used in Lieu of Percipient Witnesses

"Rather than asking percipient witnesses about the impugned transactions, the government retained an expert to second-guess the very same accounting decisions Autonomy's independent auditors had approved in real time," write Steptoe's Brian Heberlig and Galen Kast.
9 minute read

Legaltech News

Deepfakes on Trial: Can the Law Keep Up With Faked Reality?

Traditionally, recordings were assumed to be accurate. Now, courts face a crucial question: Who proves a recording is real when it could be a deepfake?
6 minute read

New York Law Journal

Defending Police Officers in Wrongful Conviction Cases

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.
8 minute read

Daily Report Online

11th Circuit Recent Dismissal Ruling Could Impact How 'Plaintiffs Draft Their Complaints,' Litigator Predicts

"My gut, based on my experiences, says it will have a significant effect and change how plaintiffs draft their complaints," said Phil Rothschild, senior counsel at Holland & Knight's Fort Lauderdale office. "The cards are on the table early."
5 minute read

Delaware Business Court Insider

Smartmatic, Newsmax at War Over Witnesses in Lawsuit Over Election Defamation

Hundreds of filings in June and July have been made in connection with the motions to block expert testimony. Meanwhile, both sides have filed motions for summary judgment that haven't been decided, and both have moved for the other to be sanctioned or held in contempt.
2 minute read

Connecticut Law Tribune

Edgar Tatum Spent Decades in Prison. Now Court Acknowledges Unreliability of Evidence

"It is long past time that the petitioner be afforded the opportunity to challenge the procedures related to the eyewitness identification used in his criminal case in light of the principles we articulated in 'Dickson,'" the high court held.
4 minute read

National Law Journal

Supreme Court Stalls Texas Execution While Considering Bid for DNA Testing

Ruben Gutierrez has been fighting to obtain DNA testing to show the murder was committed by his accomplices and that he should therefore be spared the death penalty.
3 minute read

New York Law Journal

Law Enforcement-Arranged 'Controlled Calls' Violate Suspects' Rights

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.
5 minute read

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