Tag Archives: Evidence

Did you know that what you post on Facebook can be used as evidence in a lawsuit?

According to a non-peer-reviewed study of 721 million active Facebook users, released by Facebook in collaboration with the Università degli Studi di Milano, on Facebook, there is only 4.74 degrees of separation rather than the familiar adage of “six degrees of…

Defendant granted new trial after judge fails to administer proper oath to jury

In a decision that establishes attorneys always need to pay attention to the details, the Michigan Court of Appeals has determined that failing to administer the proper oath is grounds for a new trial. The judge had the panel of…

Is Taped Testimony More Compelling Than Live Testimony?

A recent article posits that when using videotaped testimony to cross-examine a live witness, the videotaped testimony is more compelling. Richard Rollo drafted an article for Delaware Lawyer discussing the use of videotaped depositions or testimony, and says "For some…

CIA official who said waterboarding was successful retracts his claim

A former CIA official who previously said waterboarding was an effective means of interrogation, and referred to a specific incident regarding an Al Qaeda operative, now admits he has no firsthand knowledge of the technique or its effectiveness. In 2007,…

FBI Illegally Obtained Thousands of Phone Records

The FBI may have illegally obtained thousands of phone records between 2002 and 2006. An investigation indicates FBI agents persuaded phone companies to turn over records by claiming terrorism emergencies that did not actually exist. The FBI appears to have…

Georgia Supreme Court halts Execution for DNA Testing

The Georgia Supreme Court halted the execution of a defendant, ordering the trial court judge to consider the defendant’s request for DNA testing. Carlton Gary, convicted in 1986 of murdering three individuals, asked a trial court judge to conduct DNA…

Will Lab Analysts Have to Testify About Lab Reports?

The Supreme Court will consider how and when lab analysts must testify in order to satisfy the Melendez-Diaz holding. Melendez-Diaz, relying on the Confrontation Clause, held that in order to introduce evidence from crime labs, the crime lab analyst must…

A First Look at the Military Commissions Act of 2009, Part Two

– Joanne Mariner   Last month, President Obama signed the 2010 National Defense Authorization Act, which included a package of changes to the rules governing military commission proceedings. Called the  Military Commissions Act of 2009, the new law replaces —…