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Full-Text Articles in Law

Know Every Document And Piece Of Evidence In Your File, Rachel Brockl Jan 2021

Know Every Document And Piece Of Evidence In Your File, Rachel Brockl

Publications

Knowing every document and piece of evidence in your case file is imperative to competent preparation of your case. While this may sound obvious, many attorneys fail to follow this advisement to their own peril. The reasons for knowing your case file in and out are threefold: (1) you want to be the case master, (2) you do not want to be caught off-guard, and (3) your reputation is on the line.


Why Cops Lie, Peter Keane Mar 2011

Why Cops Lie, Peter Keane

Publications

Police officer perjury in court to justify illegal dope searches is commonplace. One of the dirty little not-so-secret secrets of the criminal justice system is undercover narcotics officers intentionally lying under oath. It is a perversion of the American justice system that strikes directly at the rule of law. Yet it is the routine way of doing business in courtrooms everywhere in America.


Ninth Circuit Strikes Out On Hearsay, Peter Keane Jan 2011

Ninth Circuit Strikes Out On Hearsay, Peter Keane

Publications

The recent Ninth Circuit U.S. Court of Appeals opinion, United States v. Barry Bonds , is a murky distortion of an important Federal Rule of Evidence. Quite apart from any celebrity status about a decision regarding the upcoming perjury trial of the former Giants' slugger, the ruling significantly affects the admissibility of evidence in the federal courts in an unfortunate and erroneous way.


Repeating, Yet Evading Review: Admitting Reliable Expert Testimony In Criminal Cases Still Depends Upon Who Is Asking, Wes R. Porter Oct 2009

Repeating, Yet Evading Review: Admitting Reliable Expert Testimony In Criminal Cases Still Depends Upon Who Is Asking, Wes R. Porter

Publications

A trial court must find that the proponent of expert witness testimony has set forth adequate evidence that the testimony is based upon reliable methods and will be helpful to the trier of fact. Much has been written regarding the reliability prong since the Supreme Court’s decision in Daubert v. Merrell Dow Pharm., yet a severe prejudice to the criminally accused persists today in some trial courts’ analyses of the often overlooked helpfulness prong. Despite the straight-forward articulation of helpfulness, described as “fit” or mere relevance, some trial courts apply the helpfulness prong differently depending upon whether the expert testimony …


Saving Face: The Benefits Of Not Saying I'M Sorry, Brent T. White Apr 2009

Saving Face: The Benefits Of Not Saying I'M Sorry, Brent T. White

Publications

No abstract provided.