Remove Admissibility Remove Court Rules Remove Evidence
article thumbnail

Admissibility of Internet Searches About Terminating Pregnancy

E-Discovery LLC

While there were many issues on appeal, one was whether evidence of her internet searches related to termination of a pregnancy was properly admitted on the facts presented. The decision to admit that evidence was affirmed by the intermediate appellate court. See Case No. The facts were awful. Akers was pregnant. On appeal, Ms.

article thumbnail

From Evidence to Misinformation: Courts Brace for Deepfake Challenges

Complex Discovery

Understanding how courts may handle AI-generated evidence will be crucial for those responsible for managing digital content, ensuring data integrity, and navigating complex litigation involving digital forensics. John Tunheim, delves into how the judiciary can prepare for the impact of AI-manipulated evidence. Grimm (ret.),

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

Next Generation E-Discovery Law & Tech Blog

By John Patzakis The Best Evidence Rule, as codified in Federal Rule of Evidence 1002, provides that an original writing, recording, or photograph is required to prove the contents of the document. A case out of the federal courts in Texas addressed this issue head on.

article thumbnail

Rhymes and Crimes: Fourth Circuit Uses Rap Lyrics as Evidence in Drug Trafficking Case

Practice of Law

Let’s look at how prosecutors got evidence against them before diving into the appeal. Cloud Under Investigation Cloud was implicated in drug dealing through a series of investigative actions and evidence. Rap Lyrics Introduced as Evidence Watkins's wife, Kizzy Childs, testified at trial about the defendant’s good character.

article thumbnail

California's Secondary Evidence Rule: Helpful, Yes. But Not an End Run.

Evidence at Trial

California's secondary evidence rule (Cal. Code §§ 1521 - 1523) provides a commonsense approach that begins with a simple general rule: "The content of a writing may be proved by otherwise admissible secondary evidence." Crown appealed the trial court's ruling, and the Court of Appeal affirmed.

article thumbnail

Americans with Disabilities Act (ADA) Expert Witness Not Allowed in Six Flags Discrimination Case

Expert Witness Blog

Summary: Americans with Disabilities Act (ADA) Expert Witness testimony not allowed because the expert provided legal opinions about discrimination, which is not admissible. In addition, the court rules that these opinions would not assist the trier of fact as he did not explain how he used the evidence to come to his conclusions.

article thumbnail

Strobel v. Johnson & Johnson: Got a Hearsay Problem? Don't Give Up.

Evidence at Trial

Beyond knowing the mechanics of the rules of evidence, effective advocates use the rules as weapons of persuasion. There's reference to an out-of-court statement? Equally important is the ability to adjust to the constantly changing landscape of admitted and excluded evidence. Last month's Strobel v.