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

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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Evidence at Trial

NOVEMBER 10, 2021

A preliminary fact is “a fact upon the existence or nonexistence of which depends the admissibility or inadmissibility of evidence.” Examples of preliminary facts include the qualification of a witness, the existence of a privilege, and the admission of evidence. ” Cal. Code § 400. See e.g. , Cal.

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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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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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E-Discovery LLC

AUGUST 31, 2024

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.” An innocent bystander was fatally shot while she was with her husband on a hotel patio in Annapolis. 1003 and 1005.

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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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Evidence at Trial

OCTOBER 3, 2022

These thousands of pages were relevant and admissible. Even assuming the other party stipulated to the documents' admissibility (they didn't), was there a clear, concise, and nonboring way to communicate the substance of this evidence to the jury? But would it be admissible? This exhibit would be clear, concise and nonboring.

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Ethicking

JUNE 14, 2024

On Monday morning, in open court, Steel revealed to Judge Ural Glanville that he was aware of an ex parte meeting in chambers between Glanville, prosecutors, and a witness for the prosecution, which may have involved ”coercion” or “witness intimidation” per Steel. Problems abound here. Per Rule 2.9

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Evidence at Trial

DECEMBER 17, 2021

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 first argued that (1) the Synchrony affidavit was admissible under the secondary evidence rule (Cal. Code § 1521(a). Code § 1271.

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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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Complex Discovery

SEPTEMBER 11, 2024

Key recommendations include: Pretrial Evidentiary Hearings: Judges should require early disclosure of potential deepfake-related evidence, enabling discovery and the use of expert witnesses to authenticate digital materials. Ongoing Training: Legal professionals, judges, and juries need education on AI and its potential impact on evidence.

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Evidence Media and Entertainment Jury Deliberation Expert Testimony 96

Evidence at Trial

APRIL 26, 2023

Regardless of its merit, social media is here to stay and disputes over admissibility or exclusion are commonplace in today's trials. Is it now admissible? Is an expert witness required to show that the camera that took the photograph was in good operating condition? ” Cal. Code § 210. What about a chain of custody?

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Practice of Law

SEPTEMBER 5, 2024

During the trial, Watkins’s defense focused on the testimony of Anderson and other witnesses who purported to corroborate her version of events. He raised several objections on appeal, but we’ll focus on two: his challenge to the sufficiency of the evidence and to the admission of his song lyrics as evidence.

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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. FindLaw's Learn About the Law) Is 'Pleading the Fifth' an Admission of Guilt? If this is not the first time you’ve been arrested, it may cut against you.

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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." Judicial notice?

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Evidence at Trial

NOVEMBER 27, 2021

This is the witness who says, "I just came from outside and it’s raining." If the witness is believed, the fact it is raining is conclusively true. Section 411 says that except where a statute may require additional evidence, direct evidence from just one witness may be sufficient. The witness may say, "I saw Ms.

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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. FindLaw's Learn About the Law) Is 'Pleading the Fifth' an Admission of Guilt? If this is not the first time you’ve been arrested, it may cut against you.

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Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

In fact, given the unfortunately extensive but erroneous reliance on screenshots of social media evidence, The Best Evidence Rule could be cited far more frequently by opposing counsel seeking to contest the admission of such evidence. A case out of the federal courts in Texas addressed this issue head on.

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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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Evidence at Trial

APRIL 7, 2023

Tyler's Autobiography: An Evidentiary Analysis When it comes to analyzing the admissibility of evidence, having a methodical approach is imperative. Especially in the heat of trial, the ability to quickly (and accurately) analyze admissibility is a must-have skill. Party Admissions v. So is the evidence inadmissible?

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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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Sound Jury Blog

SEPTEMBER 19, 2023

It is not enough to “let them” handle the examination of one minor witness or make a mundane argument to the court. They learn how to be fantastic presenters from early in their careers, so when their number is called either by design or because of a back-plan, they’re ready. They have to learn to handle the pressure in a pressure situation.

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Evidence Witnesses Litigation Admissibility 40

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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Gerry Oginski's New York Legal Blog

JULY 29, 2017

I've spoken to other attorney's who have cross examined him to get their thoughts and ideas about the type of witness he is. Well, you can be 100% sure that the expert will relay that information to the defense lawyer and try to use that admission against me during trial. I know how he behaves at trial. "Dr.

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WA Bar News

SEPTEMBER 11, 2024

Recipients must be active WSBA members within five years of admission to any bar association or less than 36 years of age. The trial would have not happened without his last-minute assistance. For more information and to view the entire 2024 awards presentation ceremony as well as the award winners’ videos, visit www.wsba.org/apex.

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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. But since the 2000 amendment, some courts have ignored Rule 702's requirements and read into the rule a presumption of admissibility. at 596 (emphasis added). Joiner, 522 U.S.

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Evidence at Trial

JANUARY 30, 2023

Party admission? Another prosecution witness testified that Mr. Seabourn—with the witness’ help—got Mr. Stewart into Mr. Seabourn’s car. The next day, Mr. Seabourn told the witness that he had killed Mr. Stewart and buried the murder weapon. She offered the statement as a party admission (Cal.

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The Cloud Court Blog

SEPTEMBER 28, 2022

That obsession extends to deposition data as well as to the psychology of the players involved: the attorneys taking and defending depositions; the witnesses being deposed; as well as the court reporters. It helps you understand your own and your own witnesses’. I’m fascinated by these people and their often-predictable behaviors.

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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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Witnesses Legal Research Depositions Technology 52

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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Media and Entertainment Education Admissibility Witnesses 52

Lawmatics

DECEMBER 6, 2023

Bad eye-witness identifications - Eye-witness identifications can be subjective and prone to error. It's well lit if somebody, a well-dressed woman runs in here and steals Mike's laptop off the table and runs out, and law enforcement comes immediately in and says, you all are witnesses. Tell me what you saw. We finally did that.

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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.” Franklin outlined, that hebephilia became a prominent diagnosis only with the advent of SVP laws,” the judge wrote in his 75-page opinion. “It

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Forensic Psychologist

OCTOBER 4, 2024

Related reading: Behavioral Sciences and the Law published an overview of the evidentiary shortcomings of the nonconsent diagnosis, “The admissibility of other specified paraphilicdisorder (non-consent) in sexually violent predator,” in 2020.

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Practice of Law

SEPTEMBER 9, 2024

For instance, the court dismissed the possibility that Bennet’s statement could be considered an admission that would support finding actual malice and ignored potential inferences from the evidence that could suggest Bennet acted with reckless disregard for the truth.

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3 Geeks and a Law Blog

JUNE 28, 2023

So, you know, what steps do you think can be done on these things as well? Isha Marathe 21:32 I really think that starting education, or Hurley and I know, that’s always like an easy, just like an easy thing to say, because you can’t really touch it. I mean, do you have any thoughts on that?

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