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April 22, 2024 | New York Law Journal

Turnabout: Cell Site Location Information for the Defense

This article discusses cell site location information and specifically highlights the ubiquitous cell phone and its location "tracking" capability in the Fulton County, Georgia, criminal prosecution against former President Donald Trump and his co-defendants.
6 minute read
April 19, 2024 | New York Law Journal

Trump Defense Seeks to Limit Evidence of Civil Fraud, Bad Faith Litigation at Criminal Trial

Should the former president take the stand, his lawyers want the judge to block questions about lawsuits Trump has lost. what they said is prejudicial evidence abo
5 minute read
April 03, 2024 | New York Law Journal

Attorney-Client Privilege and Dual-Purpose Communications

Inquiries received from Michael J. Hutter's previous Evidence column, together with the Supreme Court's grant of certiorari and then subsequent dismissal of the appeal as improvidently granted in 'In re Grand Jury', suggest a discussion of the status if dual purpose communications in New York is both timely and appropriate.
13 minute read
March 08, 2024 | New York Law Journal

Our Understanding of Memory Has Changed, the Rules of Evidence Have Not

It isn't news that eyewitness testimony is sometimes inaccurate. What might be news, however, is that significant research makes plain that it is often wrong, even when the eyewitness believes they are telling the truth. Lawyers and courts should reconsider how the rules of evidence treat eyewitness testimony.
9 minute read
March 06, 2024 | New York Law Journal

CPLR 2106 Amended to Permit Any Person to Submit an Affirmation in Lieu of an Affidavit (Part 2)

In the second installment of his New York Practice column on the amendment to CPLR 2106, which went into effect Jan. 1, 2024, Patrick M. Connors continues the discussion by highlighting additional potential problems presented by the amendment.
13 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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February 28, 2024 | New York Law Journal

CPLR 2106 Amended To Permit Any Person To Submit Affirmation in Lieu of Affidavit

In the first of this two-part New York Practice column, Patrick M. Connors discusses how, effective Jan. 1, 2024, CPLR 2106 was substantially amended to allow any person to submit an affirmation in lieu of an affidavit, "with the same force and effect." This is one of the most significant changes to the CPLR in the 21st century and will impact many areas of practice.
11 minute read
February 14, 2024 | New York Law Journal

'Appellate Advocates': Application of Attorney-Client Privilege to Government Communications and More

A unanimous decision from the Court of Appeals forcefully emphasized that in legal matters, either in response to a FOIL request or in civil litigation, a governmental entity and its counsel are entitled to engage in confidential communications with counsel to discuss, establish and maintain its legal position, protected by the privilege. Due to the significance of the case, this article discusses the court's decision and the takeaways from it.
11 minute read
January 26, 2024 | New York Law Journal

'Diaz': SCOTUS to Consider Expert Law Enforcement Testimony

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.
12 minute read
December 06, 2023 | New York Law Journal

Confrontation Anyone? Supreme Court, Court of Appeals Revisit 'Bruton' and 'Crawford' Rules

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.
13 minute read
November 06, 2023 | New York Law Journal

Section 1983 Fabricated Evidence Claims—Focus on 'Barnes v. City of New York'

Police fabrication of evidence gives rise to a steady stream of §1983 fabrication of evidence claims, which frequently raise important, difficult legal issues. The recent decision in 'Barnes v. City of New York' illustrates some of the complications that can arise.
10 minute read

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