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Ineligible Expert Insufficient to Justify Continuance, Court Rules
A legal malpractice plaintiff is not entitled to a continuance to seek an expert to testify despite learning shortly before a scheduled trial that his intended expert was ineligible, the Pennsylvania Superior Court has ruled.Court of Appeals Expands the Co-Conspirator Exception
In his Criminal Law and Procedure column, Barry Kamins discusses a case of first impression in which the New York Court of Appeals expanded the co-conspirator's exception to the hearsay rule. The court held that, subject to certain conditions, a statement made by a co-conspirator of a defendant, prior to the defendant's joining the conspiracy or after the defendant's active involvement has ceased, is admissible when offered to prove the conspiracy or the object crime.Appeals Court: Warrant Needed to Search Car's 'Black Box'
In what is likely a first-of-its-kind case in Florida, a divided appeals court said authorities needed a warrant before they could download information recorded in a car's "black box."Juries Need Guidance on Cross-Racial IDs
The former prosecutors and judges profiled in your article are not alone in seeking to appear as amici in 'People v. Boone' to urge the use of a jury instruction on the increased risk of misidentification in all cases involving cross-race identifications. A range of diverse and well-respected organizations seek to file briefs, which speaks to the magnitude of the risk, the general consensus about the "cross-race effect" in the relevant scientific research and the view that a mandatory instruction can mitigate the risk.Judge Says DA Withheld Evidence, Orders New Trial
Citing the Bronx District Attorney's Office failure to disclose an informant's testimony in the 1995 slaying of a retired police officer, a judge has ordered a new trial for a man who has spent 20 years in prison for the crime.Parties Deserve to See Forensic Evaluations
The Children's Law Center shares Timothy M. Tippins' belief in his recent column that the current restrictions preventing distribution of forensic evaluations to litigants in custody and visitation cases should be reformed. However, we believe that parties should be guaranteed access to, rather than possession of, these reports.Racial Bias Serious Enough to 'Crack' Jury Room Door
The U.S. Supreme Court's holding in Pena-Rodriguez v. Colorado unlocks the jury room door only a well-circumscribed crack—a crack justified by the unique place that our jury system plays in our democracy, and the pernicious history of racial bias that we are still struggling to overcome.Errant Admission of Criminal Charges Requires New Negligence Trial
A guilty plea to driving with a suspended license and an arrest for harassment are inadmissible in a civil negligence trial stemming from the incident that led to the charges, the Pennsylvania Superior Court has ruled.Justices Probe Allowing Crash Victim's BAC Evidence in Civil Suits
An attorney representing the estate of an allegedly intoxicated man who was killed by a car as he crossed the street asked the Pennsylvania Supreme Court to bar courts from introducing blood alcohol information in civil cases without some corroborating evidence from a witness at the scene.Authenticating Social Media Evidence in NJ Courts
The proliferation of social media serves as a font of potential evidence, but comes with some questions as to authenticity, given risks of fake accounts, impersonation and even hacking.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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The Ultimate Guide to Remote Legal Work
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Practical Guidance Journal: Protecting Work Product in a Generative AI World
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