EvidenceProf Blog

Supreme Court of Arizona Eliminates Peremptory Challenges

EvidenceProf Blog

The Supreme Court of Arizona has taken the landmark step of eliminating peremptory challenges from jury selection in both civil and criminal cases. So, what does this mean, and why did the court do it? During jury selection, there are

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Fifth Circuit Grants Qualified Immunity To Officers Who Tased Man Soaked in Gasoline, Knowing it Would Light Him on Fire

EvidenceProf Blog

The qualified immunity doctrine insulates governmental agents from liability for unconstitutional acts as long “as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” The primary purpose of the doctrine

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Breaking Down the Three Charges Against Derek Chauvin

EvidenceProf Blog

On Monday, there will be closing arguments in the Derek Chauvin trial. In this post, I will break down the three charges that Chauvin faces in connection with the death of George Floyd. Second Degree Murder First, Chauvin is charged

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Judge Grants Keith Davis a New (Sixth) Trial

EvidenceProf Blog

Today, Judge Sylvester Cox granted the motion of Keith Davis Jr. for a new trial (Download Motion for new trial). Amelia McDonell-Parry covered Keith's case on the Undisclosed podcast. Keith's case is far too complicated to cover in a single

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A Master's Guide to B2B: How Listening to Your Customers Can Grow Your Business

Speaker: Adam Dorfman, Head of Product Growth at Reputation & Michele Bettinazzi, Customer Experience Manager at PeakMade Real Estate

Improved marketing conversion, happy customers, and faster growth - that’s only three things that can be accomplished by just listening to your customers. Customer feedback is an extremely invaluable tool to keeping retention high, attracting new business, and improving the general operations of your business. The question is - how do you capture all this? Join Adam Dorfman, Head of Product Growth at Reputation & Michele Bettinazzi, Customer Experience Manager at PeakMade Real Estate, for this essential discussion on the ins and outs of brokering the optimal customer interaction.

Eighth Circuit Grants Qualified Immunity to Officer Who Handcuffed, Frisked & Pointed His Gun at Innocent 12 & 14 Year-Old Boys Walking From Grandparents' House

EvidenceProf Blog

The qualified immunity doctrine insulates governmental agents from liability for unconstitutional acts as long “as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” The primary purpose of the doctrine

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Rarer Than Steak Tartare: Former New York Prosecutor Suspended 2 Years for Brady Violation

EvidenceProf Blog

They say* the only thing rarer than steak tartare is a prosecutor being disciplined for failing to disclose material exculpatory evidence pursuant to Brady v. Maryland. But the case of Glenn Kurtzrock is an exception. A petition, filed by the

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Eighth Circuit Finds Prosecution Properly Authenticated Facebook Messages

EvidenceProf Blog

Federal Rule of Evidence 901(b)(4) provides that The following are examples only — not a complete list — of evidence that satisfies the requirement: (4) Distinctive Characteristics and the Like. The appearance, contents, substance, internal patterns, or other distinctive characteristics

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Supreme Court of Oregon Holds a 10-2 or 11-1 "Not Guilty" Vote is a "Not Guilty" Verdict and Not a Hung Jury

EvidenceProf Blog

In Ramos v. Louisiana, the Supreme Court held that "if the Sixth Amendment’s right to a jury trial requires a unanimous verdict to support a conviction in federal court, it requires no less in state court." Before, this opinion, a

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North Carolina Governor Roy Cooper Gives a Pardon of Innocence to Ronnie Long

EvidenceProf Blog

Today, North Carolina Governor Roy Cooper issued a Pardon of Innocence for Ronnie Long, whose case we covered on the Undisclosed Podcast: So, why is this a big deal? On August 26th, the United States Court of Appeals for the

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Negative Reviews & Online Feedback Happens - But Where Do You Go From Here?

Speaker: Adam Dorfman, Head of Product Growth at Reputation and Jeremy Shubitz, Director of Marketing at Bosley

Responding to online negative feedback can be challenging. What should you say? What should you not say? Should you even respond? In today's, your customers will be not only your biggest advocates but also your biggest critics. However, negative feedback can offer actionable insights to build a stronger product and customer experience.

Southern District of Ohio Finds Work Product Privilege Waived for Documents Used to Refresh Witness's Recollection

EvidenceProf Blog

Federal Rule of Evidence 612 provides that (a) Scope. This rule gives an adverse party certain options when a witness uses a writing to refresh memory: (1) while testifying; or (2) before testifying, if the court decides that justice requires

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Southern District of Mississippi Rejects Reptile Theory Evidence

EvidenceProf Blog

Reptile strategy has taken the plaintiffs' bar by storm. The Reptile theory asserts that you can prevail at trial by speaking to, and scaring, the primitive part of jurors' brains, the part of the brain they share with reptiles.

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Proposed Amendment Would Expand Rule of Completeness

EvidenceProf Blog

In August, three proposed amendments to the Federal Rules of Evidence were released for public comment. The public comment period closes on February 16, 2022. In the next three posts, I will cover these proposed amendments. The first is a

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Court Circumscribes Firearm Toolmark Testimony in Murder Trial

EvidenceProf Blog

With firemark toolmark testimony, a ballistics expert testifies that a particular shell casing came from a particular gun. Here is how we described it in our recent Undisclosed series about the Darrell Ewing trial: When Derrico Searcy was arrested for

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Dominate Your Local Market With These 4 Reputation Management Strategies

Speaker: Adam Dorfman, Head of Product Growth at Reputation, & Lindsay Harrison, Marketing Coordinator, Grand Pacific Resorts

Did you know that 4 out of 5 consumers use local search and 88% use smartphones for those searches? With that in mind, I think it's safe to say your online presence is the silver bullet of your business. Think about the revenue you could be missing by not prioritizing local search optimization. Fortunately, there are a handful of steps you can take right now that will immediately impact your business's pace in local search, and we're happy to share them.

Court of Appeals of Maryland Finds Defense Attorneys Couldn't Have Discovered Baltimore Ballistics Expert's Lies Before 2007

EvidenceProf Blog

According to a newspaper article headlined, “Police expert lied about credentials,” by Jennifer McMenamin, published 9 March 2007, in the Baltimore Sun, Kopera claimed in court to have degrees that he had not earned in fact. Kopera testified frequently that

Supreme Court of Indiana Finds Tyson Timbs's Land Rover Was Unconstitutionally Forfeited, Comparing Him to Captain Ahab

EvidenceProf Blog

In Timbs v. Indiana, Tyson Timbs was charged in June 2013 with two counts of dealing in a controlled substance and conspiracy to commit theft, all felonies. He pleaded guilty in 2015 to selling $260 worth of heroin and served

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District of New Jersey Finds "Friend With Benefits" Had Standing to Challenge Search of His Friend's Place

EvidenceProf Blog

The Fourth Amendment states that The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by

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Ninth Circuit Grants Qualified Immunity to LAPD Detectives Who Used Psychological Torture to Get a False Confession From a 13 Year-Old

EvidenceProf Blog

The qualified immunity doctrine insulates governmental agents from liability for unconstitutional acts as long “as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” The primary purpose of the doctrine

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A CHRO’s Perspective on Substance Use in the Workplace: Supportive Strategies to Help Your Workforce Thrive

Speaker: Smita Das, MD, PhD, MPH, Medical Director, Psychiatry and Naj Wright, MBA, C-Suite HR Executive

Through advances in technology and access to care, managers can be empowered to serve as the front line of defense to help identify employee AUD and SUD concerns before they escalate. Understanding AUD and SUD, and providing tools for your workforce to overcome the challenges that they pose, is key to fostering strong mental health at work. Join us for this important how-to discussion.

Judge Gives an Implicit Bias Jury Instruction in the Derek Chauvin Trial

EvidenceProf Blog

Today, the judge in the Derek Chauvin trial gave an implicit bias jury instruction. Here was the instruction: I think these instructions are a good addition to the standard jury instructions. Indeed, in my new article, "The Constitutional Right to

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Supreme Court of Minnesota Finds Sex With a Victim Who Has Blacked Out From Drinking is Not Criminal Sexual Conduct

EvidenceProf Blog

609.341, subd. 7 states that "Mentally incapacitated" means that a person under the influence of alcohol, a narcotic, anesthetic, or any other substance, administered to that person without the person's agreement, lacks the judgment to give a

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Western District of Wisconsin Finds Insurance Evidence Admissible Despite Rule 411

EvidenceProf Blog

Federal Rule of Evidence 411 provides that Evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully. But the court may admit this evidence for another

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Tenth Circuit Finds That Judge's Statement to Jury That Contradicted Defendant's Testimony Violated Rule 605

EvidenceProf Blog

Federal Rule of Evidence 605 provides that The presiding judge may not testify as a witness at the trial. A party need not object to preserve the issue. Rule 605 covers not only literal testimony but also the functional equivalent

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Building a 5-Star Online Reputation for Your Business

Speaker: Brent Werbeck, GetMoreReviews Co-Founder

Trying to figure out how to turn your happy customer’s comments into 5 star reviews may seem like a daunting task. From internal feedback to Google reviews, what is "really" the way to go? Join Brent Werbeck, Co-Founder of Get More Reviews, in this discussion of how to foster and grow your business's 5-star online reputation.

Court of Appeals of Alaska Finds the 12 Step Drug Recognition Evaluation Protocol is Scientific Evidence Subject to the Daubert Standard

EvidenceProf Blog

What is a drug recognition evaluation (DRE)? The DRE protocol, which is also known as the Drug Influence Evaluation, consists of twelve steps: (1) a breath alcohol test to rule out alcohol as the source of the driver's impairment; (2

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The Supreme Court Issues a (Possibly) Landmark Ruling on Qualified Immunity

EvidenceProf Blog

Yesterday, the United States Supreme Court issued a summary disposition in McCoy v. Alamu that could end up being a landmark ruling on qualified immunity. So, what is qualified immunity? As the Supreme Court explained in Mullenix v. Luna, 577

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Court of Appeals of Texas Finds Judge Didn't Need to Declare a Mistrial After Spectator Shouted "That's All Lies" During Defense Counsel's Opening Statement

EvidenceProf Blog

Assume that a defendant is charged with murder. Further, assume that, during defense counsel's opening statement, a spectator in the courtroom yells, “That's all lies!” Does the judge need to declare a mistrial, or will a curative instruction suffice?

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Undisclosed Mega-Update Thread 7

EvidenceProf Blog

On December 17, 2020 North Carolina Governor Roy Cooper issued a Pardon of Innocence for Ronnie Long. And yesterday, a settlement was reached, pursuant to which Chester Hollman III will be awarded $9.8 million for his 28 years of wrongful

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Process Serving Made Easy: Serve in All 50 States Using One Platform

Speaker: PROOF

PROOF has revolutionized service of process. Using our online platform, create serve requests nationwide and receive live updates with mapped verification of each attempt. PROOF’s technology provides users with complete transparency from start to finish.

Judge Makes Key Evidentiary Rulings in George Floyd Trial

EvidenceProf Blog

Everyone likely learned about the George Floyd case last year, with Derek Chauvin eventually charged with second-degree unintentional murder and second-degree manslaughter in connection with his death and his fellow police officers J. Alexander Kueng and Thomas Lane being charged

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Supreme Court of New Jersey Reverses Bank Robbery Conviction Based on Prosecutor's Use of "Here's Johnny" PowerPoint From "The Shining" During Closing

EvidenceProf Blog

It is a well known fact that Stephen King did not like Stanley Kubrick's film version of his novel, The Shining. In an opinion on Tuesday, the Supreme Court of New Jersey also expressed a dislike, not for the movie

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Supreme Court of Wyoming Finds Statements on Bodycam Footage Were Admissible as Excited Utterances

EvidenceProf Blog

Similar to its federal counterpart, Wyoming Rule of Evidence 803(2) provides an exception to the rule against hearsay for A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by

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Sixth Circuit Finds No Brady Violation in Murder Appeal Despite State's Failure to Disclose That Its Key Eyewitness Said Defendant Was NOT the Shooter on Night of Shooting

EvidenceProf Blog

Pursuant to Brady v. Maryland, the prosecution has an affirmative obligation under the Due Process Clause to timely disclose material exculpatory evidence to the defense. So, in a murder/shooting case with no physical/forensic evidence, does the State violate Brady by

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Wills, Trusts, and Estates: The Essentials of Wealth Management

Speaker: Vi Pham, Attorney at Law

Wealth management is a guaranteed practice: as paralegals, it's essential that you know the complexities of wealth management in order to ensure that your client's rights are protected to their fullest extent. Join Vi Pham, Attorney and educator, in this exclusive webinar that will leave you feeling brushed up and ready. This seminar meets the requirements of the NALA Certifying Board for continuing legal education credit required to maintain the CP (Certified Paralegal) credential.

The Proposed Amendment to Federal Rule of Evidence 702

EvidenceProf Blog

In August, three proposed amendments to the Federal Rules of Evidence were released for public comment. The public comment period closes on February 16, 2022. This is the third in a series of three posts about these amendments. The second

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District of Massachusetts Notes a General 20 Minute Cutoff For Present Sense Impressions

EvidenceProf Blog

Federal Rule of Evidence 803(1) provides an exception to the rule against hearsay for A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it. So, how much time can pass after an

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Court of Appeals of Virginia Finds Closed-Circuit Testimony by Child Victim Was Proper

EvidenceProf Blog

Section 18.2-67.9 of the Virginia Code covers testimony by child victims and witnesses using two-way closed-circuit television. Specifically, subsection (D) states that The child's testimony shall be transmitted by closed-circuit television into the courtroom for the defendant, jury, judge, and

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Court of Appeals of Maryland Finds Rap Lyrics Were Admissible Against Defendant Charged With Murder

EvidenceProf Blog

Should a defendant's rap lyrics be admissible against him at a murder or attempted murder trial? After a New Jersey court found that Vonte Skinner's rap lyrics were admissible against him at his attempted murder trial, I wrote an essay

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