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Full-Text Articles in Law

Restoring Causality In Attenuation: Establishing The Breadth Of A Fourth Amendment Violation, Bryan H. Ward Sep 2021

Restoring Causality In Attenuation: Establishing The Breadth Of A Fourth Amendment Violation, Bryan H. Ward

West Virginia Law Review

When the police violate a suspect’s Fourth Amendment rights, what often follows is the discovery of incriminating evidence. Sometimes the evidence is discovered directly after the Fourth Amendment violation. In other situations, the evidence comes by a more indirect route and may occur long after the original Fourth Amendment violation. Courts struggle when trying to decide if the discovery of this indirectly obtained evidence was caused by the police misconduct. This causal question is important because causality acts as a limiting principle when deciding when to apply the exclusionary rule. A basic view of the exclusionary rule suggests that evidence …


Will Rule 401(B) Ever Be Predictable, Sean D. Thomas Sep 2018

Will Rule 401(B) Ever Be Predictable, Sean D. Thomas

West Virginia Law Review

No abstract provided.


Pinging Into Evidence: The Implications Of Historical Cell Site Location Information, Alexandra C. Smith Sep 2017

Pinging Into Evidence: The Implications Of Historical Cell Site Location Information, Alexandra C. Smith

West Virginia Law Review

No abstract provided.


An Uncivil Action: Criminalizating Daubert In Procedure And Practice To Avoid Wrongful Convictions, Jessica G. Cino Dec 2016

An Uncivil Action: Criminalizating Daubert In Procedure And Practice To Avoid Wrongful Convictions, Jessica G. Cino

West Virginia Law Review

No abstract provided.


Forensics And Fallibility: Comparing The Views Of Lawyers And Jurors, Brandon L. Garrett, Gregory Mitchell Dec 2016

Forensics And Fallibility: Comparing The Views Of Lawyers And Jurors, Brandon L. Garrett, Gregory Mitchell

West Virginia Law Review

No abstract provided.


Introduction To The West Virginia Law Review Flawed Forensics And Innocence Symposium, Valena E. Beety Dec 2016

Introduction To The West Virginia Law Review Flawed Forensics And Innocence Symposium, Valena E. Beety

West Virginia Law Review

No abstract provided.


Scandal, Fraud, And The Reform Of Forensic Science: The Case Of Fingerprint Analysis, Simon A. Cole Dec 2016

Scandal, Fraud, And The Reform Of Forensic Science: The Case Of Fingerprint Analysis, Simon A. Cole

West Virginia Law Review

No abstract provided.


Folklore And Forensics: The Challenges Of Arson Investigation And Innocence Claims, Parisa Dehghani-Tafti, Paul Bieber Dec 2016

Folklore And Forensics: The Challenges Of Arson Investigation And Innocence Claims, Parisa Dehghani-Tafti, Paul Bieber

West Virginia Law Review

No abstract provided.


Strengths And Limitations Of Forensic Science: What Dna Exonerations Have Taught Us And Where To Go From Here, Vanessa Meterko Dec 2016

Strengths And Limitations Of Forensic Science: What Dna Exonerations Have Taught Us And Where To Go From Here, Vanessa Meterko

West Virginia Law Review

No abstract provided.


Building The Infrastructure For "Justice Through Science": The Texas Model, Sandra Guerra Thompson, Nicole Bremner Cásarez Dec 2016

Building The Infrastructure For "Justice Through Science": The Texas Model, Sandra Guerra Thompson, Nicole Bremner Cásarez

West Virginia Law Review

No abstract provided.


Can Law And Literature Be Practical? The Crucible And The Federal Rules Of Evidence, Martin H. Pritikin Dec 2012

Can Law And Literature Be Practical? The Crucible And The Federal Rules Of Evidence, Martin H. Pritikin

West Virginia Law Review

Counter-intuitively, one of the best ways to learn the practice-oriented topic of evidence may be by studying a work of fiction-specifically, Arthur Miller's The Crucible, which dramatizes the seventeenth-century Salem witch trials. The play puts the reader in the position of legal advocate, and invites strategic analysis of evidentiary issues. A close analysis of the dialogue presents an opportunity to explore both the doctrinal nuances of and policy considerations underlying the most important topics covered by the Federal Rules of Evidence, including the mode and order of interrogation, relevance, character evidence and impeachment, opinion testimony, and hearsay.


Fred Zain, The Csi Effect, And A Philosophical Idea Of Justice: Using West Virginia As A Model For Change, Kathleen Keough Griebel Apr 2012

Fred Zain, The Csi Effect, And A Philosophical Idea Of Justice: Using West Virginia As A Model For Change, Kathleen Keough Griebel

West Virginia Law Review

No abstract provided.


State V. Harden: Muddying The Waters Of Self-Defense Law In West Virginia, Devin C. Daines Apr 2011

State V. Harden: Muddying The Waters Of Self-Defense Law In West Virginia, Devin C. Daines

West Virginia Law Review

No abstract provided.


Always Be Disclosing: The Prosecutor's Constitutional Duty To Divulge Inadmissible Evidence, Brian D. Ginsberg Jan 2008

Always Be Disclosing: The Prosecutor's Constitutional Duty To Divulge Inadmissible Evidence, Brian D. Ginsberg

West Virginia Law Review

No abstract provided.


Dead Man Talking: A Historical Analysis Of West Virginia's Dead Man's Statute And A Recommendation For Reform, Wesley P. Page Apr 2007

Dead Man Talking: A Historical Analysis Of West Virginia's Dead Man's Statute And A Recommendation For Reform, Wesley P. Page

West Virginia Law Review

No abstract provided.


The Youngblood Success Stories: Overcoming The "Bad Faith" Destruction Of Evidence Standard, Teresa N. Chen Jan 2007

The Youngblood Success Stories: Overcoming The "Bad Faith" Destruction Of Evidence Standard, Teresa N. Chen

West Virginia Law Review

No abstract provided.


Child's Play: Avoiding The Pitfalls Of Crawford V. Washington In Child Abuse Prosecution, Matthew M. Staab Dec 2005

Child's Play: Avoiding The Pitfalls Of Crawford V. Washington In Child Abuse Prosecution, Matthew M. Staab

West Virginia Law Review

No abstract provided.


The Plight Of Putative Father: Public Policy V. Paternity Fraud, Maegan Padgett Apr 2005

The Plight Of Putative Father: Public Policy V. Paternity Fraud, Maegan Padgett

West Virginia Law Review

No abstract provided.


Evidence, Robin Jean Davis, Louis J. Palmer Jr. Jun 2002

Evidence, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Admitting Expert Testimony In Federal Courts And Its Impact On West Virginia Jurisprudence, Robin Jean Davis Apr 2002

Admitting Expert Testimony In Federal Courts And Its Impact On West Virginia Jurisprudence, Robin Jean Davis

West Virginia Law Review

No abstract provided.


Spoliation Of Evidence In West Virginia: Do Too Many Torts Spoliate The Broth, Sean R. Levine Jan 2002

Spoliation Of Evidence In West Virginia: Do Too Many Torts Spoliate The Broth, Sean R. Levine

West Virginia Law Review

No abstract provided.


Evidence, Robin Jean Davis, Louis J. Palmer Jr. Jun 1998

Evidence, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Mental Health Experts On Trial: Free Will And Determinism In The Courtroom, Ronald J. Rychlak, Joseph F. Rychlak Sep 1997

Mental Health Experts On Trial: Free Will And Determinism In The Courtroom, Ronald J. Rychlak, Joseph F. Rychlak

West Virginia Law Review

No abstract provided.


Is The Doctor Hostile--Obstructive Impairments And The Hostility Rule In Federal Black Lung Claims, Timothy F. Cogan Jun 1995

Is The Doctor Hostile--Obstructive Impairments And The Hostility Rule In Federal Black Lung Claims, Timothy F. Cogan

West Virginia Law Review

No abstract provided.


Bitter Battles: The Use Of Psychological Evaluations In Child Custody Disputes In West Virginia, Alison Richey Mcburney Apr 1995

Bitter Battles: The Use Of Psychological Evaluations In Child Custody Disputes In West Virginia, Alison Richey Mcburney

West Virginia Law Review

No abstract provided.


Simplifying The Law In Medical Malpractice: The Use Of Practice Guidelines As The Standard Of Care In Medical Malpractice Litigation, Sam A. Mcconkey Iv Jan 1995

Simplifying The Law In Medical Malpractice: The Use Of Practice Guidelines As The Standard Of Care In Medical Malpractice Litigation, Sam A. Mcconkey Iv

West Virginia Law Review

No abstract provided.


Cart V. Marcum: The Discovery Rule As An Exception To The Statute Of Limitations In West Virginia, James R. Leach Jun 1994

Cart V. Marcum: The Discovery Rule As An Exception To The Statute Of Limitations In West Virginia, James R. Leach

West Virginia Law Review

No abstract provided.


St. Mary's Honor Center V. Hicks: Interpretation Of Title Vii Takes A Wrong Turn, Teresa C. Postle Sep 1993

St. Mary's Honor Center V. Hicks: Interpretation Of Title Vii Takes A Wrong Turn, Teresa C. Postle

West Virginia Law Review

No abstract provided.


Prosecuting Child Sexual Abuse: A Survey Of Evidentiary Modifications In West Virginia, Kelley L. Brown Jun 1993

Prosecuting Child Sexual Abuse: A Survey Of Evidentiary Modifications In West Virginia, Kelley L. Brown

West Virginia Law Review

No abstract provided.


The Conflict Concerning Expert Witnesses And Legal Conclusions, Charles W. Ehrhardt Apr 1990

The Conflict Concerning Expert Witnesses And Legal Conclusions, Charles W. Ehrhardt

West Virginia Law Review

No abstract provided.