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No Sanction for Discovery Failure in Criminal Case

E-Discovery LLC

In response, “the prosecutor proffered that Sandhu was named in the supplemental discovery documents, which had been disclosed several weeks before the start of trial, but candidly acknowledged that the State had not indicated its intention to call Sandhu as a witness at that time. Williams v. State , 416 Md. 670, 698 (2010).

Discovery 130
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Authentication of Surveillance Video by Lay Witness Under Silent Witness Doctrine

E-Discovery LLC

31, 2024), the intermediate appellate court addressed an important issue of authentication of surveillance video by a lay witness. That witness was permitted to authenticate a video under the silent witness theory. The Appeals Court disagreed and affirmed, applying the silent witness doctrine. State, 487 Md.

Witnesses 130
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My Most Interesting Blogs From 2024

E-Discovery LLC

Discovery Plan The ESI Protocol: Your Word is Your Bond Or, Is It? Can a witness authenticate a video if the video contains images that the witness did not see? Is a Composite Video Admissible and Can a Police Officer Narrate It at Trial? Mediation of Discovery Disputes by Courts Law Clerk?

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Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 2 of 2

E-Discovery LLC

A prior blog addressed the admissibility of a “composite” video prepared by the prosecution. Neither of the testifying detectives witnessed the events about which they testified. at 538. The Maryland Supreme Court recently held that a witness can authenticate a video that contains images the witness did not see.

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Can a witness authenticate a video if the video contains images that the witness did not see?

E-Discovery LLC

Can a witness authenticate a video if the video contains images that the witness did not see? Here, the authenticating witness saw what happened before and after the shooting, as shown on the video, but he did not see the shooting that was also shown on the video. Second , the “silent witness” theory is available.

Witnesses 130
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Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 1 of 2

E-Discovery LLC

This first blog addresses the admissibility of a “composite” video prepared by the prosecution. Second , while the source materials “need not be introduced into evidence,” they must be “otherwise admissible.” This blog was initially posted on Electronic Discovery Reference Model. 1003 and 1005. emphasis added).

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Is Marking Documents as “Work Product” an Admission that the Duty to Preserve is Triggered?

E-Discovery LLC

An issue arises when a privilege log entry states that a document is withheld from discovery as work product. I described another one of Phil’s excellent blogs on this issue, published by Driven as “Protecting Work Product in the Age of Electronic Discovery,” in M. Marking documents as “work product” may protect them from discovery.