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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
February 16, 2024 | Daily Report Online

Columbus Attorney Leads Purported Self-Defense Claim to $20.7M Wrongful Death Verdict

"When you sense that something is wrong, you need to look into it. You need to get the experienced consultants, and experts necessary to figure out the science of a case because things aren't always as they appear, and that certainly turned out to be the case here," lead attorney Teresa Tomlinson of Hall Booth Smith told the Daily Report.
4 minute read
October 20, 2023 | New York Law Journal

The Rise of the Improper 'Pleading-to-Press' Tactic

Publicity attacks carry far more weight than mere press conference allegations. This article offers proposals for initial steps toward cleaning up and eliminating the pleading-to-press, ("P2P") trend in litigation.
13 minute read
October 09, 2023 | Daily Report Online

Georgia Investigators Lost and Damaged Evidence in Macon Murder Case, Judge Rules

According to court testimony Tuesday, investigators lost text messages and a doorbell video—key evidence in the case against Jordan Mullis, one of three people charged in the 2021 slaying of 18-year-old Montaveous Raines Jr. in Lake Wildwood, a community in northwest Macon about 84 miles south of Atlanta.
3 minute read
June 14, 2023 | National Law Journal

Judges Seem Skeptical of Government Holding Mike Lindell's Phone in 2020 Election Probe

Eight Circuit Judge James Loken wonders aloud if there is "any limit" on what investigators can look for on the My Pillow CEO's device.
4 minute read
October 03, 2022 | New York Law Journal

'Healthy Paws' Offers E-Discovery Practice Reminders

A district court recently was pressed to revisit issues that many may consider settled as part of today's standard practice. In granting a motion to compel, the court provided useful guidance—and reminders—on well-worn topics, including compliance with an ESI protocol (yes, please), the propriety of self-searching and self-collection of email by custodians (no, thank you), and whether a party is required to produce metadata (yes, please).
8 minute read
September 16, 2022 | Daily Business Review

Phony Document Lands on Court Docket in Trump Search Case

The document, sprinkled with spelling and syntax errors, read, "The U.S. Department of Treasury through the U.S. Department of Justice and the U.S. Marshals Service have arrested Seized Federal Securities containing sensitive documents which are subject to the Defendant Sealed Search Warrant by the F.B.I. arrest."
5 minute read
August 30, 2022 | Daily Business Review

Trump Legal Team Advances Broad View of Presidential Powers

It's perhaps not surprising that Trump's legal team might look for ways to distinguish a former president from other citizens given the penalties imposed over the years for mishandling handling government secrets.
6 minute read
August 26, 2022 | Daily Business Review

Letter: School Shooter Fixated With Guns, Dreamed of Killing

The defense is trying to show that Nikolas Cruz, 23, had a long history of mental health issues that were never fully treated.
3 minute read
August 05, 2022 | New York Law Journal

Impeaching Credibility in Matrimonial Actions

It appears that the reason why perjury is not prosecuted in divorce and custody cases is that it is difficult to prove, and it occurs so frequently that prosecution would impose a burden on the justice system.
11 minute read

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