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April 22, 2024 | New York Law Journal

Turnabout: Cell Site Location Information for the Defense

This article discusses cell site location information and specifically highlights the ubiquitous cell phone and its location "tracking" capability in the Fulton County, Georgia, criminal prosecution against former President Donald Trump and his co-defendants.
6 minute read
April 19, 2024 | New York Law Journal

Trump Defense Seeks to Limit Evidence of Civil Fraud, Bad Faith Litigation at Criminal Trial

Should the former president take the stand, his lawyers want the judge to block questions about lawsuits Trump has lost. what they said is prejudicial evidence abo
5 minute read
April 12, 2024 | Daily Report Online

22 Years Wrongfully Incarcerated: Georgia Man Wins New Trial From Gwinnett County Judge

The decision is a "huge step" toward vindicating a man convicted and sentenced despite no physical evidence linking him to crimes, the Georgia Innocence Project said.
4 minute read
April 11, 2024 | New Jersey Law Journal

Must the Government Ensure Defendants Equal Access to Overseas Evidence?

"Courts have typically declined to force the government to use the MLAT process for defendants' benefit," write Joshua M. Robbins and Ross Garrett of Buchalter.
9 minute read
March 26, 2024 | New Jersey Law Journal

Proposed Amendments to Federal Rules of Evidence Leave Much Uncertain

"This is to demonstrate that the appropriate use of illustrative aids, demonstrative evidence, and summaries of voluminous materials remains unclear," write Michael A. Kaplan and Christopher Dernbach of Lowenstein Sandler.
7 minute read
Law Journal Press | Digital Book Texas Personal Automobile Insurance Policy 2020 Authors: Janet K. Colaneri, Bret Weatherford View this Book

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March 12, 2024 | The Legal Intelligencer

Pa. Judge's 'Extensive' Opinion Gives Guidance on Allowing Video Testimony in Opening Statements

"Today in the modern era of videotape and technology and the way discovery is conducted and trials are conducted, it makes sense," Joseph Messa Jr. said.
3 minute read
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 12, 2024 | Daily Report Online

Cellphone Evidence in Spotlight as Justices Scrutinize Admissibility

"If we give police officers the idea that they can illegally access a cellphone, see whatever's on there and then go get a warrant based upon the warrantless stuff that they've seen, they can reverse engineer enough probable cause," argued appellant counsel John Jay McArthur.
6 minute read
January 24, 2024 | New Jersey Law Journal

NJ Supreme Court Lowers the Reliability of 'DRE' Protocol, Harming Minorities

In November 2023, New Jersey's Supreme Court declared the testimony of drug recognition experts (DRE) reliable enough to be used as evidence in 'State v. Olenowski,' 253 N.J. 133, (2023). Unfortunately, in doing do, the court lowered the standard for reliability to allow DRE evidence.
4 minute read
November 21, 2023 | Law.com

Judge Rejects JetBlue's 'Overly Restrictive Interpretation' Claim on Mechanics' Maintenance Logs

"JetBlue argues that because JetBlue's manual contains a § 121.709(e) authorization, the AMM [Aircraft Maintenance Manual] reference provision is inapplicable. ... JetBlue would have the court interpret § 121.709(e) as exempting JetBlue from following its own procedures. But FARs do not negate compliant rules air carriers place on themselves via their maintenance manuals. In fact, 14 C.F.R. § 121.709(b)(1) explicitly states that aircraft maintenance logs must 'be prepared in accordance with the carrier's maintenance manual,'" U.S. District Judge Indira Talwani wrote.
3 minute read

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