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February 03, 2017 |

Community Caretaking: New Doctrine for Court of Appeals

In his Criminal Law and Procedure column, Barry Kamins writes: The New York Court of Appeals has recently upheld the towing, impoundment and inventory search of an automobile, holding that these actions were, under the facts of the case, consistent with a "community caretaking function." This is the first time the court has adopted this theory, although it has made oblique references to it in the past. What is the origin of this doctrine and, more importantly, what are its boundaries and scope?
13 minute read
February 01, 2017 |

Admissibility of Business Records Containing Out-of-Court Statements

In his Evidence column, Michael J. Hutter writes: Court of Appeals Judge Stein's conclusion, and her analysis in support, that the Sprint subscriber information offered in a burglary and robbery trial to establish phone calls between the defendant and an accomplice was not barred by the hearsay rule is certainly valuable on that difficult issue. The true value of her opinion, however, lies in how she reached that admissibility conclusion in the context of the offered evidence, the cell phone records, which involved two out-of-court statements.
18 minute read
January 31, 2017 |

Attorney Testimony Is Risky Business

J. Randolph Evans and Shari L. Klevens write that, while some attorneys, and litigators in particular, may be comfortable with the idea of testifying, attorney testimony is risky business.
10 minute read
January 26, 2017 |

Doctor's Rape Conviction Tossed Over Faulty Rulings on Evidence

An appeals court has ordered a new trial for a physician who was convicted of the sexual assault of a patient who was sedated based on findings of evidentiaty errors at trial.
8 minute read
January 24, 2017 |

All Hat, No Cattle, Leads to $23.1M Verdict

At a four-day trial, Midwestern Cattle, represented by Chris Trowbridge, alleged that the parents and their son engaged in a check-kiting scheme that involved the purchase and sale of cattle — animals , as it was discovered, were fictitious.
5 minute read
January 23, 2017 |

Dewey Retrial Judge to Give Defense 'Wide Latitude'

As jury selection began Monday in the retrial against two Dewey & LeBoeuf executives, the judge overseeing the case said he would give "wide latitude" to defense attorneys on questioning a key government witness, with exceptions.
3 minute read
January 17, 2017 |

Sex Offenders Challenge Constitutionality of Mandatory Lie Detector Tests

A trio of paroled sex offenders is challenging New Jersey Parole Board regulations requiring them to submit to periodic polygraph examinations, saying their constitutional rights are being violated. Oral arguments were heard Jan. 17.
6 minute read
January 17, 2017 |

Dewey Execs, Prosecutors Clash Over Witness

Just days before the retrial of two former Dewey & LeBoeuf executives, prosecutors and defense attorneys continue to battle over upcoming testimony of a key witness.
3 minute read
January 16, 2017 |

Use of Digital Evidence at Trial Is Ripe for Guidance in the New Year

In December 2016, the Appellate Division tackled the requirements for the authentication of social media content at trial in New Jersey.
12 minute read
January 13, 2017 |

Lackawanna Judge Nixes Request for Multiple IMEs

Finding that unusual circumstances must exist before a court can order a plaintiff to undergo multiple independent medical examinations, a Pennsylvania judge has shot down Weis Markets' efforts to have a woman undergo two exams by different orthopedic specialists.
7 minute read

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