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Are 'Batson' Violations Prosecutorial Overreaching?
A violation occurs even if it happens only once during jury selection. Yet such practices persist and now the Pennsylvania Supreme Court will decide how such violations will be remedied if they are not corrected at trial.
Appeals From In Limine Orders: Part II
This second part of a two-part article on the appealability of evidentiary rulings and orders from in limine motions continues with in limine motions to preclude or permit expert witnesses, including preclusion applications grounded on inadequate disclosure.
5 Persuasive Rhetorical Techniques
The House impeachment managers presented compelling arguments against President Donald Trump in the recently concluded impeachment trial; Michael P. Maslanka explains how they did it.
Admissibility of Party Admissions Contained in Business Records
In this edition of his Evidence column, Michael J. Hutter follows up on his prior discussion of recent decisions that addressed the question: Does the bare fact that an admission is recorded in a tangible document render it admissible and admissible for its truth?
Judge Puts Off Decision on Fired DOH Analyst's Property
Former Department of Health COVID-19 data analyst Rebekah Jones garnered national attention after alleging that Gov. Ron DeSantis' administration was manipulating data about COVID-19 cases and deaths. The spotlight on Jones was heightened after she posted a video of armed agents executing a search warrant at her home.
A Potpourri of Business Records Hearsay Exception Decisions
In his Evidence column, Michael J. Hutter discusses three "worthy" Second Department decisions focusing on aspects of the business records exception to the hearsay rule which are frequently overlooked or misunderstood by litigants.
Consultation Reports in Physicians' Office Records
Twenty-five years ago, this Medical Malpractice column concluded that a physician's entire office record, including the reports of consulting physicians and any findings or opinions contained therein, is admissible in evidence, so long as the material was kept in the regular course of the physician's business and was related to the diagnosis or treatment of the patient. Among the law discussed was 'Freeman v. Kirkland'. Another columnist recently concluded that 'Freeman' should no longer be followed. Thomas A. Moore and Matthew Gaier respectfully disagree with that conclusion in today's edition of their column.
Remote Depositions in State Court: Can They Be Compelled?
With regard to conducting depositions in the age of COVID-19, the question often becomes: Does the party seeking the deposition during the current health crisis, over objection, get to determine the means by which a deposition will be taken? In his State E-Discovery column, Mark A. Berman discusses the few New York state cases that have addressed the issue of remote depositions.Admissibility of Medical Reports of Consulting Physicians Kept in Treating Physician's File
In his latest Evidence column, Michael J. Hutter discusses the 'Freeman' decisions.
Judge Castigates SDNY Prosecutors' Conduct in Prosecution of Iranian Businessman
U.S. District Judge Alison J. Nathan said that the actions of the Manhattan U.S. Attorney's Office had eroded public trust in the criminal justice system by making "countless" belated disclosures to lawyers. While their client's conviction was vacated, Steptoe & Johnson attorneys have pursued evidence they suspected the government had withheld.TRENDING STORIES
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Revenue, Profit, Cash: Managing Law Firms for Success
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Law Firm Operational Considerations for the Corporate Transparency Act
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