Paralegal Brief

US Supreme Court agrees to consider scope of expert witness testimony in drug trafficking case

JURIST

NOVEMBER 13, 2023

The US Supreme Court on Monday agreed to consider the evidentiary scope of expert witness testimony for demonstrating intent in a “blind mule” drug trafficking case, Diaz v. The Ninth Circuit , Eighth Circuit , and Eleventh Circuit have all permitted testimony of this kind. United States.

Court

Court Government Court Decisions

Tenth Circuit Finds Doctor's Testimony About Whether Hip Stems Were Competing Products Was Admissible Lay Opinion Testimony

EvidenceProf Blog

FEBRUARY 7, 2024

Federal Rule of Evidence 701 provides that If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness’s perception; (b) helpful to clearly.

Christine Blasey Ford On The Disappointing Reaction To Her Emotional Testimony Against Brett Kavanaugh

Above The Law

MARCH 27, 2024

Ford writes that while her testimony was all but ignored by lawmakers, she's happy she was able to help assault survivors 'feel seen.' The post Christine Blasey Ford On The Disappointing Reaction To Her Emotional Testimony Against Brett Kavanaugh appeared first on Above the Law.

Laws

Laws Court

England and Wales to allow pre-recorded testimony of crime victims and witnesses

JURIST

SEPTEMBER 27, 2022

According to officials, the goal of pre-recorded testimony is “ to boost rape convictions and ensure better support for victims” and “reduce trauma for victims and witnesses to help them give their best evidence.”

Technology

Technology Government Court

Court Circumscribes Firearm Toolmark Testimony in Murder Trial

EvidenceProf Blog

JUNE 22, 2021

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.

Court

EDRM Forming Testimony Evidence Reference Model (TERM) Project

The Cloud Court Blog

APRIL 2, 2024

We're thrilled to share that EDRM has formed a project to develop and establish a new reference model focused on testimony. The reference model is called the Testimony Evidence Reference Model or TERM. Legal proceedings hinge on two types of evidence: documentary and testimonial.

eDiscovery

eDiscovery Depositions Legal Legal

Justices to hear cross-examination dispute over drug analyst’s testimony

SCOTUSBlog

JANUARY 9, 2024

In the early 21st century, the Supreme Court made clear that the clause means what it says – that is, that prosecutors cannot use testimony against a defendant unless he has had an opportunity to cross-examine the witness who made the statement. On appeal, Smith challenged (as relevant here) the admission of Longoni’s testimony.

Court

Court Lawyer Lawyers Legal

Eighth Circuit Finds Testimony at Plea Hearing to be Inadmissible Hearsay

EvidenceProf Blog

AUGUST 10, 2023

If that other person is later prosecuted and the testifying defendant pleads the Fifth, is his testimony inadmissible or. Assume that a defendant testifies at a plea hearing in a way that incriminates himself and tends to exonerate someone else.

Eleventh Circuit Finds Rule 701(a) Violation in Identification Testimony by Detective

EvidenceProf Blog

JANUARY 25, 2024

Federal Rule of Evidence 701 provides that If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness’s perception; (b) helpful to clearly.

California lawmaker introduces bill to change expert testimony, forensic evidence legal standards

JURIST

JANUARY 25, 2021

A California lawmaker introduced a bill in the state Senate on Friday that aims to change expert testimony and forensic evidence legal standards. Inaccurate expert testimony and faulty forensic science can lead to wrongful convictions. This bill seeks to make it easier for falsely accused individuals to challenge wrongful convictions.

Legal

Legal Legal Law School Court

Federal Court Says First Amendment Protects Engineers Who Offer Expert Testimony Without A License

Above The Law

JANUARY 5, 2024

The post Federal Court Says First Amendment Protects Engineers Who Offer Expert Testimony Without A License appeared first on Above the Law. From the look-who's-(capable-of)-talking-(without-fear-of-being-fined) dept.

Court

Court Laws Technology

Bankman-Fried Appeal May Cite Unusual Preview Testimony

Law 360

APRIL 17, 2024

Sam Bankman-Fried's appeal of his conviction and 25-year prison sentence may cite a "rather unprecedented" trial procedure in which the FTX founder gave provisional testimony before officially taking the witness stand last year, one of his attorneys said Wednesday.

Attorney

US Supreme Court rejects Ninth Circuit rule presuming credibility of asylum seeker testimony

JURIST

JUNE 3, 2021

The US Supreme Court on Tuesday reversed a Ninth Circuit rule that required courts reviewing immigration decisions to assume that testimony from petitioners was credible and true unless the immigration judge (IJ) made an explicit adverse credibility determination. Justice Neil Gorsuch, writing for the unanimous court in Garland v.

Immigration

Immigration Court Legal Legal

“‘One down’: UPenn reportedly asking president Liz Magill to step down Friday over outrage at antisemitism testimony.”

HowAppealing

DECEMBER 8, 2023

“‘One down’: UPenn reportedly asking president Liz Magill to step down Friday over outrage at antisemitism testimony.” The post “‘One down’: UPenn reportedly asking president Liz Magill to step down Friday over outrage at antisemitism testimony.” Harvie Wilkinson III and Justice Ruth Bader Ginsburg.

Court

Court Laws

“Video Testimony in the Covid Era Faces a Constitutional Test; Two criminal defendants have asked the Supreme Court to decide whether remote testimony against them violated the Sixth Amendment’s confrontation clause”

HowAppealing

MARCH 20, 2023

The post “Video Testimony in the Covid Era Faces a Constitutional Test; Two criminal defendants have asked the Supreme Court to decide whether remote testimony against them violated the Sixth Amendment’s confrontation clause” appeared first on How Appealing.

Court

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

EvidenceProf Blog

JULY 29, 2021

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. Section 18.2-67.9

Court

SEC Alert Flags Adviser Testimonials, Ratings In Marketing

Law 360

JUNE 8, 2023

Securities and Exchange Commission's Division of Examinations published a risk alert Thursday flagging focus areas in its examinations of investment advisers, emphasizing testimonials, endorsements and third-party ratings.

Seventh Circuit Finds Forgetful Witness' Grand Jury Testimony Properly Admitted Against Defendant

EvidenceProf Blog

JANUARY 5, 2022

Federal Rule of Evidence 801(d)(1)(A) provides an exclusion to the rule against hearsay when The declarant testifies and is subject to cross-examination about a prior statement, and the statement: (A) is inconsistent with the declarant’s testimony and was given under.

Does Remote Testimony Violate the Constitution?

The Crime Report

JANUARY 14, 2022

Supreme Court, which has grappled with the legal ramifications of remote testimony for decades, but has yet to reach a sound conclusion on a question that could mean yet more challenges for an already overburdened judiciary. The decision could eventually make this a test case for the U.S. In Maryland v.

Technology

Technology Legal Legal Court

Jonathan Turley Pulls A Lionel Hutz In Congressional Testimony

Above The Law

FEBRUARY 10, 2023

The post Jonathan Turley Pulls A Lionel Hutz In Congressional Testimony appeared first on Above the Law. The definition of 'expert' is very loose.

Laws

Laws Law School Government

Forensic Testimony Distorted by ‘Implicit’ Racial Bias: Paper

The Crime Report

SEPTEMBER 8, 2021

Far from an objective and equalizing tool, forensic testimony perpetuates the “presumption of guilt” for people of color involved in the criminal legal system, argue the authors of a forthcoming Criminal Law Bulletin article. Over the past year, Americans have spotlighted the racial bias pervading policing and incarceration.

Case Management

Case Management Law School Criminal Law Government

US Supreme Court declines to block Senator Lindsey Graham’s testimony in Georgia election investigation

JURIST

NOVEMBER 2, 2022

In response, a Georgia grand jury subpoenaed Graham for testimony about his effort to disrupt the elections. The post US Supreme Court declines to block Senator Lindsey Graham’s testimony in Georgia election investigation appeared first on JURIST - News.

Court

Court of Appeals of Kentucky Grapples With Former Testimony Hearsay Exception

EvidenceProf Blog

DECEMBER 25, 2020

Similar to its federal counterpart, Kentucky Rule of Evidence 804(b)(1) provides an exception to the rule against hearsay for Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in.

Depositions

Depositions Court

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

EvidenceProf Blog

SEPTEMBER 30, 2021

Rule 605 covers not only literal testimony but also the functional equivalent. 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.

We’ll Be Waiting A While On Ginni Thomas’s Testimony — See Also

Above The Law

JUNE 29, 2022

Ginni Thomas's Lawyer Puts The Kibosh On Her Testimony: The January 6th Committee will have to work for it. Speaking Of Fighting Over Testimony: Jamie Spears is still going after his daughter. The post We’ll Be Waiting A While On Ginni Thomas’s Testimony — See Also appeared first on Above the Law.

Lawyer

Lawyer Lawyers Government Legal

Video testimony violated defendant’s Sixth Amendment right of confrontation, top state court rules

ABA Journal

JANUARY 20, 2022

A recent decision on video testimony by the Missouri Supreme Court is raising questions about criminal convictions obtained using video testimony during the COVID-19 pandemic.…

Court Rules

Court Rules Court

Recording Testimony Is No Substitute For A Court Reporter

Above The Law

OCTOBER 15, 2021

A digital recording is no substitute for the neutrality and legitimacy that is inferred when a court report is involved in recording the testimony of witnesses.

Court Reporting

Court Reporting Court Reporter Court Law Firm

Court Find Former Testimony Was Admissible in Civil Rights Action Against Police Officers

EvidenceProf Blog

JANUARY 31, 2021

Federal Rule of Evidence 804(b)(1) provides an exception to the rule against hearsay for Testimony that: (A) was given as a witness at a trial, hearing, or lawful deposition, whether given during the current proceeding or a different one; and.

Depositions

Depositions Court Laws

“Some personal testimony in the matter of NPR v. the Supreme Court”

HowAppealing

JANUARY 23, 2022

“Some personal testimony in the matter of NPR v. the Supreme Court”: Columnist David Von Drehle has this op-ed in today’s edition of The Washington Post.

Court

Bankman-Fried Evasive In Preview Of Jury Testimony

Law 360

OCTOBER 26, 2023

FTX founder Sam Bankman-Fried gave evasive and rambling answers to government questioning during a Thursday hearing to determine the scope of his upcoming trial testimony, previewing what's likely to be a brutal cross-examination in front of a Manhattan federal jury.

Government

Texas Court of Appeals Finds Sequestration of Defense Expert Was Proper During Deputy's Testimony

EvidenceProf Blog

JANUARY 24, 2021

Texas Rule of Evidence 614 states that At a party’s request, the court must order witnesses excluded so that they cannot hear other witnesses’ testimony. Or the court may do so on its own. But this rule does not authorize.

Court

Fox, Dominion Warned Against Calling Surprise Live Testimony

Law 360

MARCH 22, 2023

and Fox News warned both sides Wednesday against trying to counter damaging video depositions with last-minute live testimony as he closed out 1½ days of summary judgment arguments. The Delaware judge overseeing Dominion Voting Systems' $1.6 billion defamation suit against Fox Corp.

Depositions

BREAKING: Bankman-Fried Denies Fraud In Jury Trial Testimony

Law 360

OCTOBER 27, 2023

A day after giving provisional testimony for review by a Manhattan federal judge, FTX Trading Ltd. founder Sam Bankman-Fried took the witness stand at his criminal fraud trial on Friday with jurors present. Follow along here for live updates from the courtroom.

Unreliable Witness Testimony Resulted in 50 Years of Failed Justice: UK Study

The Crime Report

APRIL 29, 2021

A major new study of more than 250 miscarriages of justice that have occurred in England and Wales over the last 50 years suggests that unreliable witness testimony has caused the most harm to the pursuit of justice than any other circumstances examined, reports Phys.org.

Law School

Law School Government Legal Legal

Texas Court Finds Defendant Could Not Have Family-Violence Expert Excluded From Courtroom During His Testimony

EvidenceProf Blog

FEBRUARY 19, 2021

Texas Rule of Evidence 614 provides that At a party’s request, the court must order witnesses excluded so that they cannot hear other witnesses’ testimony. Or the court may do so on its own. But this rule does not authorize.

Court

Fallout from McGirt and testimony about future crimes

SCOTUSBlog

AUGUST 20, 2021

In July, we covered two petitions involving the Sixth Amendment’s confrontation clause – in the context of sexual assault nurse examiner testimony and accomplice testimony. Jensen presents the justices with a new confrontation clause question over whether statements of fear about a possible future crime are “testimonial.”.

Court

Court Government Statute Court Rules

A Refresher On Witness Testimony In 3 Key Settings

Law 360

FEBRUARY 21, 2024

The recent controversy over congressional testimony from university presidents about antisemitism on campus serves as a reminder to attorneys about what to emphasize and avoid when preparing witnesses to testify before Congress, and how this venue differs from grand jury and trial proceedings, say Jack Sharman and Tyler Yarbrough at Lightfoot Franklin. (..)

Attorney

Ginni Thomas Has Change Of Heart Over January 6th Committee Testimony

Above The Law

JUNE 29, 2022

The post Ginni Thomas Has Change Of Heart Over January 6th Committee Testimony appeared first on Above the Law. Lawyers spoil all the fun.

Lawyer

Lawyer Lawyers Laws Court

Supreme Court of New Jersey Finds Lay Opinion Testimony Does Not Need to Offer Something the Jury Lacks

EvidenceProf Blog

JANUARY 22, 2021

New Jersey Rule of Evidence 701 states that If a witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences may be admitted if it: (a) is rationally based on the witness’ perception.

Court

“Professor Vladeck Offers Senate Testimony on Texas’s Abortion Ban and the Shadow Docket”

HowAppealing

OCTOBER 6, 2021

“Professor Vladeck Offers Senate Testimony on Texas’s Abortion Ban and the Shadow Docket”: Texas Law News has this report.

Laws

Lawyer’s January 6 Testimony A Bit At Odds With Lawyer’s January 6 Behavior

Above The Law

JUNE 13, 2022

The post Lawyer’s January 6 Testimony A Bit At Odds With Lawyer’s January 6 Behavior appeared first on Above the Law. A little late, isn't it?

Lawyer

Lawyer Lawyers Laws Government

Biomechanical Expert’s Testimony on Medical Causation Rejected

Day on Torts

JUNE 19, 2023

What is the permitted scope of testimony of a biomechanical expert in a car crash case? The Kentucky Supreme Court has given some guidance on the issue. In Renot v. Secura Supreme Ins. 2021-SC-0281-DG (Ky. June 15, 2023), plaintiff claimed injuries in a motor vehicle collision.

Court

Holmes Witness Stands By Testimony But Feels Bad For Son

Law 360

OCTOBER 17, 2022

A key government witness in convicted ex-Theranos CEO Elizabeth Holmes' criminal fraud trial took the stand during an evidentiary hearing into alleged government misconduct on Monday, testifying he "absolutely" stands by his testimony but felt "distressed and uncomfortable" realizing Holmes' young child would spend his formative years without his imprisoned (..)

Government

Justices affirm Crawford’s application of Sixth Amendment confrontation clause to testimonial evidence

SCOTUSBlog

JANUARY 24, 2022

New York affirmed the requirement for cross-examination of testimonial statements offered at trial and rejected a state law exception to the rule. A jury convicted Darrell Hemphill of second-degree murder after a trial court admitted un-cross-examined testimonial statements from a third-party’s plea allocution. For example, in Ohio v.

Court

Court Laws Government

US Supreme Court agrees to consider scope of expert witness testimony in drug trafficking case

Tenth Circuit Finds Doctor's Testimony About Whether Hip Stems Were Competing Products Was Admissible Lay Opinion Testimony

Trending Sources

Christine Blasey Ford On The Disappointing Reaction To Her Emotional Testimony Against Brett Kavanaugh

England and Wales to allow pre-recorded testimony of crime victims and witnesses

Court Circumscribes Firearm Toolmark Testimony in Murder Trial

EDRM Forming Testimony Evidence Reference Model (TERM) Project

Justices to hear cross-examination dispute over drug analyst’s testimony

Eighth Circuit Finds Testimony at Plea Hearing to be Inadmissible Hearsay

Eleventh Circuit Finds Rule 701(a) Violation in Identification Testimony by Detective

California lawmaker introduces bill to change expert testimony, forensic evidence legal standards

Federal Court Says First Amendment Protects Engineers Who Offer Expert Testimony Without A License

Bankman-Fried Appeal May Cite Unusual Preview Testimony

US Supreme Court rejects Ninth Circuit rule presuming credibility of asylum seeker testimony

“‘One down’: UPenn reportedly asking president Liz Magill to step down Friday over outrage at antisemitism testimony.”

“Video Testimony in the Covid Era Faces a Constitutional Test; Two criminal defendants have asked the Supreme Court to decide whether remote testimony against them violated the Sixth Amendment’s confrontation clause”

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

SEC Alert Flags Adviser Testimonials, Ratings In Marketing

Seventh Circuit Finds Forgetful Witness' Grand Jury Testimony Properly Admitted Against Defendant

Does Remote Testimony Violate the Constitution?

Jonathan Turley Pulls A Lionel Hutz In Congressional Testimony

Forensic Testimony Distorted by ‘Implicit’ Racial Bias: Paper

US Supreme Court declines to block Senator Lindsey Graham’s testimony in Georgia election investigation

Court of Appeals of Kentucky Grapples With Former Testimony Hearsay Exception

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

We’ll Be Waiting A While On Ginni Thomas’s Testimony — See Also

Video testimony violated defendant’s Sixth Amendment right of confrontation, top state court rules

Recording Testimony Is No Substitute For A Court Reporter

Court Find Former Testimony Was Admissible in Civil Rights Action Against Police Officers

“Some personal testimony in the matter of NPR v. the Supreme Court”

Bankman-Fried Evasive In Preview Of Jury Testimony

Texas Court of Appeals Finds Sequestration of Defense Expert Was Proper During Deputy's Testimony

Fox, Dominion Warned Against Calling Surprise Live Testimony

BREAKING: Bankman-Fried Denies Fraud In Jury Trial Testimony

Unreliable Witness Testimony Resulted in 50 Years of Failed Justice: UK Study

Texas Court Finds Defendant Could Not Have Family-Violence Expert Excluded From Courtroom During His Testimony

Fallout from McGirt and testimony about future crimes

A Refresher On Witness Testimony In 3 Key Settings

Ginni Thomas Has Change Of Heart Over January 6th Committee Testimony

Supreme Court of New Jersey Finds Lay Opinion Testimony Does Not Need to Offer Something the Jury Lacks

“Professor Vladeck Offers Senate Testimony on Texas’s Abortion Ban and the Shadow Docket”

Lawyer’s January 6 Testimony A Bit At Odds With Lawyer’s January 6 Behavior

Biomechanical Expert’s Testimony on Medical Causation Rejected

Holmes Witness Stands By Testimony But Feels Bad For Son

Justices affirm Crawford’s application of Sixth Amendment confrontation clause to testimonial evidence

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