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The “Silent Witness” Theory of Authentication of Video Evidence

E-Discovery LLC

The Supreme Court of Maryland is considering a challenge to authentication of video evidence using the “pictorial testimony theory.” On appeal, defendants unsuccessfully challenged the authentication of the video evidence. at *9 (“His method of obtaining the evidence was also similar to the other videos….”).

Evidence 130
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Authentication Article by Paul Mark Sandler

E-Discovery LLC

In Authentication is key to direct and cross-examination (thedailyrecord.com) (Aug. 22, 2024), my friend Paul Sandler wrote: “It can be said that direct and cross-examination are the central features of the trial, and essential to examinations are the exhibits sought to be introduced in evidence.”

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Sanderson v. Paltrow: Examining Cross-Examination

Evidence at Trial

Lee Bailey—polite and charismatic with a sprinkling of zinger cross-exam questions that would hit bullseye every time. But in this he-said-she-said ski collision case, where the jury must accept one party’s version of events and reject the other, the skill of the examiner is important. The victim? Paltrow, good morning.

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Essential Steps for Effective Trial Preparation

Jonathan Leach LLC

This involves reviewing all available documents, evidence, and witness statements. A good lawyer will create a case theory based on the case’s evidence and legal principles and present it clearly and concisely. Organize and Manage Evidence Efficiently organizing and managing evidence is crucial.

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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

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. Maps of the neighborhoods were admitted into evidence, showing the locations of the cameras by number and direction each camera was facing. State , 261 Md. at 509-510.

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How to Prepare for Your First Mock Trial

Jonathan Leach LLC

Discuss which side needs to prove what and what the standards of evidence are needed. Use all evidence (documents, photographs, physical evidence, and expert reports) to support your case. Create a Case Outline your case, including the key points you need to prove, the evidence you will present, and the witnesses you will call.

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No Sanction for Discovery Failure in Criminal Case

E-Discovery LLC

The trial judge stated: “And certainly if you [defense counsel] want a little break to investigate him, to examine him, meaning outside of the courtroom, you know, to in any way interview him to prepare for the cross-examination, the Court would be happy to give you time to do that in an abundance of caution.” Rule 4-263(n).

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