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December 14, 2021 | New York Law Journal

Handling the State-of-Mind Hearsay Exception in a Criminal Trial: Guidance From the Second Department

The 'Lockley' decision is a great reminder that when your hearsay objection is met with a state-of-mind counter, that's not the end of it.
10 minute read
November 19, 2021 | Law.com

Sixth Circuit: Whether Hewlett-Packard Fired Employee Based on Age 'Is for a Jury to Decide'

The U.S. Court of Appeals for the Sixth Circuit reversed a district court's summary judgment ruling in favor of Hewlett-Packard Enterprise Co., finding that a jury should have to sift through the evidence to determine whether the company fired an employee based on his age.
4 minute read
November 12, 2021 | Texas Lawyer

Appellate Court Reverses District Court's Ruling in Conflicting Smoker Designation Case

Varying accounts and inconsistent medical records listing Saul Guzman as a former, current, and never a smoker nearly cost his family a $250,000 life…
4 minute read
November 05, 2021 | Law.com

Utah Supreme Court Tosses Convicted Murderer's Challenge to Forcibly Collected DNA Evidence

The high court said defendant Douglas Evans provided no evidence that the officers' use of force posed a concrete risk to his health or safety and he also failed to demonstrate that any pain caused by the officers' efforts to restrain him was more painful or prolonged than necessary to "subdue him in order to perform a minimally-intrusive and judicially-sanctioned buccal swab."
7 minute read
October 28, 2021 | Daily Business Review

'Making Things Right': These Florida Lawyers Just Helped Set An Innocent Man Free

"We hope this case is a siren call to defense and prosecution lawyers to look more critically at their eyewitness testimony, and challenge it before proceeding to trial," defense counsel Craig Trocino said.
5 minute read
Law Journal Press | Digital Book Pennsylvania Commonwealth Court Rules 2024 Authors: View this Book

View more book results for the query "Manning"

October 27, 2021 | The Legal Intelligencer

Odor of Pot No Longer Justifies Warrantless Search in Era of Medical Marijuana, Defense Lawyer Argues

After hearing both sides, the justices are set to cut through the smoke surrounding the parameters of what the Medical Marijuana Act protects. The government argued that the odor of pot could contribute to a determination—on the totality of circumstances—that a search should be conducted.
4 minute read
September 30, 2021 | Daily Report Online

Ga. Appeals Court Bounces 'Judge-Made Rule' Barring Skateboarder's Helmet-Use Evidence

The Georgia Court of Appeals reversed a trial judge's order excluding evidence that a man riding a motorized skateboard was not wearing a helmet when he collided with a bicyclist, writing that her decision to "import" exclusionary rules relating to bicycle riders amounted to a "judge-made rule."
5 minute read
September 27, 2021 | Texas Lawyer

Staging Law's Stories

'The lawyers' work at trial is to put on evidence that congeals around the central action in the form of an explanatory narrative.'
7 minute read
September 23, 2021 | Daily Report Online

$14M in Settlements Ends Ga. Case Involving Man Who Lost Foot When Hit by Concrete Truck

The case involved a 17-year-old high school sophomore whose foot was crushed by a truck and included sanctions orders striking defenses for discovery abuses.
5 minute read
September 22, 2021 | National Law Journal

'Virtually Impossible to Prove': Michael Sussmann Indictment Contains Major Flaws, Ex-Prosecutors Say

Special Counsel John Durham's team will have to prove both that Sussmann lied during a meeting with the FBI's top lawyer and that the lie could have affected the FBI's approach to the Russia investigation.
10 minute read

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