Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

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. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

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Jonathan Leach LLC

AUGUST 7, 2024

Jonathan Leach, LLC is a trial consulting firm that helps attorneys, parties, clients, and witnesses present the best case possible. From jury consulting to witness training, we can tailor our services to fit your case’s unique needs to help your legal team feel confident. 10 Essential Trial Preparation Steps 1.

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E-Discovery LLC

MAY 27, 2024

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. Rule 4-263(n). Williams v. State , 416 Md. 670, 698 (2010).

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Practice of Law

SEPTEMBER 5, 2024

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.

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Evidence at Trial

DECEMBER 17, 2021

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." What if the documents are lost or missing? Code § 1521(a). Id , §1521(a)(1), (2).

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Evidence at Trial

NOVEMBER 10, 2021

The reality is that before a jury sees or hears any evidence, the judge first decides what the jury will see and hear. A preliminary fact is “a fact upon the existence or nonexistence of which depends the admissibility or inadmissibility of evidence.” In other words, did the witness personally see the light?

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Evidence at Trial

OCTOBER 3, 2022

— Franklin Delano Roosevelt Too often in jury trials, attorneys mistakenly think getting evidence admitted is a dry and mechanical process separate and apart from the task of persuasion. These thousands of pages were relevant and admissible. But would it be admissible? "Be sincere, Be Brief, Be seated.

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E-Discovery LLC

AUGUST 16, 2024

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.

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Attorney at Work

JULY 16, 2021

It will be important to ensure those recordings are admissible as evidence. This change brings with it positive aspects such as access to remote witnesses, wider adoption of technology and better work-life balance with less travel. City of Chicago, Case No. 17 C 5859 (N.D. 20, 2020)).

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E-Discovery LLC

AUGUST 31, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. This first blog addresses the admissibility of a “composite” video prepared by the prosecution. An innocent bystander was fatally shot while she was with her husband on a hotel patio in Annapolis.

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Evidence at Trial

MARCH 22, 2023

One its expert witnesses walked the jury through powerful demonstrative evidence detailing DNA contamination in its crime lab. When asked to explain how, the defense attorney stated that in future cases, "the defendants' attorneys will simply ask the court to take judicial notice of the [expert witness'] testimony."

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Temple University Beasley School of Law - Advocacy

JANUARY 16, 2024

The principle at issue is what is called a binding judicial admission, and its roots can be traced back to at least 1880, when the U.S. Supreme Court stated that “[i]n the trial of a cause the admissions of counsel, as to matters to be proved, are constantly received and acted upon. Oscanyan v. MacDonald v. GMC , 110 F.3d

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Practice of Law

JULY 15, 2024

Also, if there is any reason to believe you might tamper with witnesses, evidence, or otherwise obstruct the judicial process, that could be grounds for detaining you. If they don’t, then they cannot use anything you say to them as evidence in court. FindLaw's Learn About the Law) Is 'Pleading the Fifth' an Admission of Guilt?

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Evidence at Trial

NOVEMBER 27, 2021

Beyond knowing the mechanics of the rules of evidence, effective advocates use the rules as weapons of persuasion. Equally important is the ability to adjust to the constantly changing landscape of admitted and excluded evidence. If a key piece of evidence is excluded, pivoting to "Plan B" is essential. Last month's Strobel v.

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The Cloud Court Blog

SEPTEMBER 28, 2022

of federal civil matters are resolved at trial[i] Litigators always depose witnesses before a trial – if there is a trial You will almost never depose a witness more than once – so you get one shot to take or defend that deposition well But why do depositions matter more? All because of the strength and weakness of witness testimony.

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Forensic Psychologist

FEBRUARY 15, 2020

Judges rule that any weaknesses in his method should go to the “weight” that jurors give Dr. Harm’s opinions, rather than the admissibility of his tests. Attorneys may try to challenge him in court, but their protests usually fall flat. Psychological tests hold a magical allure as objective truth.

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CaseFox

MAY 2, 2023

Step 2: Take the Law School Admissions Test (LSAT): The Law School Admissions Test (LSAT) is a standardized test required for admission to most law schools. Collecting letters of recommendation: Letters of recommendation are important as they help you stand out as a candidate to law school admissions officers and professors.

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CaseFox

MAY 2, 2023

Step 2: Take the Law School Admissions Test (LSAT): The Law School Admissions Test (LSAT) is a standardized test required for admission to most law schools. Collecting letters of recommendation: Letters of recommendation are important as they help you stand out as a candidate to law school admissions officers and professors.

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Admissibility Witnesses Cross-Examination Restitution 52

Practice of Law

JULY 25, 2024

Also, if there is any reason to believe you might tamper with witnesses, evidence, or otherwise obstruct the judicial process, that could be grounds for detaining you. If they don’t, then they cannot use anything you say to them as evidence in court. FindLaw's Learn About the Law) Is 'Pleading the Fifth' an Admission of Guilt?

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Sound Jury Blog

SEPTEMBER 19, 2023

So often, we hear trial “war” stories about a critical piece of evidence that was supposed to get in, or maybe that was NOT supposed to get in. It is not enough to “let them” handle the examination of one minor witness or make a mundane argument to the court. For evidence – be realistic.

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Evidence at Trial

MARCH 30, 2023

Cross-examining Gwyneth Paltrow would be challenging because, unlike most percipient witnesses, she is obviously comfortable communicating to strangers and appearing in front of a camera. Paltrow is going to be a compelling witness, but beware: Ms. When a witness is unclear on facts ( i.e. , what happened, when, etc.)

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E-Discovery LLC

JUNE 1, 2024

As of this writing, undersigned counsel is aware of 45 unreported opinions in the 9 years since unreported decisions of the Appellate Court became available electronically where a criminal defendant challenged admission of video footage on authentication grounds. That court has not reversed in any case. emphasis added]. It then cited them.

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Evidence at Trial

APRIL 7, 2023

But does Noise provide the plaintiff with actual usable evidence? Tyler's Autobiography: An Evidentiary Analysis When it comes to analyzing the admissibility of evidence, having a methodical approach is imperative. The figure below illustrates the approach: That Tyler's book excerpts are relevant is almost self-evident.

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Evidence at Trial

SEPTEMBER 9, 2021

What is inadmissible character evidence (Rule 404(a)) to one judge might be admissible "other acts" evidence (Rule 404(b)) to another. —exclude the opinion on the ground that it is fulfilling its gatekeeping role to "ensure that any and all scientific testimony or evidence admitted is not only relevant, but reliable."

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WA Bar News

SEPTEMBER 11, 2024

Pro Bono and Public Service Award (Group) Navigate Law Group When Navigate Law Group first opened in 2014, it was quickly evident that pro bono work and a positive, engaged community presence was part of their ethos. Recipients must be active WSBA members within five years of admission to any bar association or less than 36 years of age.

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Evidence at Trial

JANUARY 30, 2023

When it comes to hearsay exceptions in California, litigators will instinctively (and appropriately) consider the code sections found in Division 10 of the Evidence Code ( i.e. , Section 1200 et seq. ). Party admission? According to the prosecution’s evidence, Mr. Lawley had previously been robbed and beaten by a Kenneth Stewart.

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MyCase

APRIL 30, 2024

Drafting legal documents: Paralegals draft documents as needed, from correspondence with witnesses to pleadings and briefs. Summarizing depositions: Paralegals will translate dense depositions into concise overviews that include key facts, plus any admissions or inconsistencies in the testimony.

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Lawmatics

DECEMBER 6, 2023

They work diligently to investigate claims of wrongful conviction, meticulously examining every detail of a case to uncover evidence that could prove an individual's innocence. However, not all cases have access to DNA evidence. Bad eye-witness identifications - Eye-witness identifications can be subjective and prone to error.

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Forensic Psychologist

AUGUST 14, 2016

It is also not a coincidence that each of the three expert witnesses who testified for the State at the instant hearing either work or formerly worked for state [Sexually Violent Predator] programs.” A year later, relying on similar evidence, a judge in upstate New York ruled in State v. Ironically, although the Shannon S.

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Forensic Psychologist

OCTOBER 22, 2016

Daniel Heinrich , who lived about half an hour down the road from his victim, had confessed and led police to Jacob’s remains, in exchange for a plea deal in an unrelated child pornography case and an admission that he abducted and assaulted another boy nine months before killing Jacob. What Baran found was missteps at every turn.

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Forensic Psychologist

OCTOBER 4, 2024

Similar evaluator variability was evident when the researchers zoomed in on OSPD diagnoses in which either hebephilia or nonconsent were proffered as its basis. for example, the court wrote : “This Court cannot help but ask, if this disorder exists, why isn't there convincing evidence that it exists outside the realm of civil commitment?

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Practice of Law

SEPTEMBER 9, 2024

He concluded that no reasonable jury could find actual malice by clear and convincing evidence. Among other issues, the panel ruled that the district court improperly intruded on the jury's role, excluded relevant evidence, provided inaccurate jury instructions, and mishandled a mid-deliberation jury question.

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3 Geeks and a Law Blog

JUNE 28, 2023

Marathe believes deep fakes have the potential to severely impact the integrity of evidence and the trial process if the legal system is unprepared. E-discovery professionals are on the front lines of detecting deep fakes used as evidence, according to Marathe. Trust in the integrity of evidence and trial outcomes could be at stake.

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