Posts tagged with: "Opinion"
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25 Apr 2012, 7:08 pm
Here is the parodic, hashtag-laden opening paragraph of Judge Matthew Sciarrino’s decision this week in People v. Malcolm Harris, 2011NY080152, NYLJ 1202549877835 at *1 (Crim., NY, Decided April 20, 2012), that has everyone LOLing:
The New York County District Attorney’s Office seeks to obtain the #Twitter records of @destructuremal using a #subpoena. The defendant is alleged to have participated in a #OWS protest march on October 1, 2011. The defendant, Malcolm Harris, along with several… [read post]
6 Jun 2012, 12:27 pm
The Law Library now subscribes to HeinOnline’s State Attorney General Reports and Opinions library.
The reports and attorney general opinions for each state back to at least 1980 are currently available in this collection. In addition, opinions and reports for California, New York, Washington, and Wyoming are available back to inception. HeinOnline intends to update this library on a monthly basis until all the reports and opinions of all 50 states are covered back to inception. The collection… [read post]
22 Jan 2010, 3:27 pm
State v. Fry The man took Fry's weed! But see, he tried to tell them it was medical, man. But they weren't diggin it, and got a warrant anyway. Fry's doc said he suffered from, "severe anxiety, rage, & depression related to childhood." Fry tried to argue that the warrant doesn't hold up because his note negated probable cause. Unfortunately for Fry, the compassionate use defense is just that, an affirmative defense. It doesn't affect PC one bit. The statute says terminal or debilitating… [read post]
5 Oct 2011, 10:28 am
From time to time I will get a call or e-mail from a proud parent whose son or daughter has been admitted to Stanford Law School. The parent wants my advice on a book for their accomplished child to read upon the beginning of their new-found career. A wonderful book has just come along which fits the bill perfectly: Judge Ruggero Aldisert’s A Judge’s Advice: 50 Years on the Bench.
This slender volume packs a lot of punch. In less than 250 pages the judge offers answers to… [read post]
9 May 2010, 9:43 pm
When advancing a personal injury lawsuit in British Columbia expert evidence plays a key role. Be it the diagnosis of injury, prognosis, future care needs, disability or other topics there are no shortage of areas that call for the assistance of expert evidence.
When preparing for trial notice of expert opinion evidence has to be given in compliance with Rule 40A (after July 1, Rule 40A will be replaced with the new Rule 11).
Just because a professional such as a doctor is giving evidence does not… [read post]
7 May 2010, 9:07 am
The CourtListener.com From the website: The goal of the site is to create a free and competitive real time alert tool for the U.S. judicial system. At present, the site has daily information regarding all precedential opinions issued by the 13 federal circuit courts and the Supreme Court of the United States. Each day, we [...] [read post]
15 Jul 2011, 10:16 am
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In real estate fraud trial, admission of testimony by witnesses that described defendant's activities as involving "fraud" or "misrepresentation" was not plain error under FRE 704; lay witnesses can offer "their opinions and inferences, even about ultimate issues in the case” and “[i]n some situations, even ... as to the mental state of another”; limited by whether the opinion is (1) "helpful" to jury under… [read post]
28 Sep 2010, 4:34 pm
American Bar Association (ABA) Formal Ethics Opinion 10-457 (August 5, 2010), on lawyers’ use of Websites, has been posted on the Avvo Blog.
The ABA Commission on Ethics 20/20 invites comments on the opinion, and on Internet-based client development tools. Comments are due December 15, 2010.
HT @MarkRosch and @joshuamking.
Filed under: Documents, Ethics Opinions, Policy Materials Tagged: ABA Commission on Ethics 20/20, ABA Formal Ethics Opinion 10-457, ABA Formal Opinion 10-457, Lawyers' online… [read post]
16 Mar 2010, 10:21 pm
When a personal injury claim is advanced the Plaintiff has the burden to prove what injuries they suffered and that these were caused (or materially contributed to) by the trauma in question. In proving a case it is common for a Plaintiff to obtain expert opinion evidence from medical doctors to address issues such as diagnosis of injury, prognosis, treatment needs, disability and causation.
One tactic used by personal injury lawyers is to try and limit the scope of the opposing sides expert… [read post]
1 Aug 2011, 11:12 am
Search and Seizure
Warrantless searches; extended supervision conditions [read post]
29 Feb 2012, 6:19 am
The Montana Supreme Court has issued an Opinion in the following matter:
DA 10-0547,
2012 MT 44,
IN THE MATTER OF:
M.W.,
A Youth Under the Age of 18.
[read post]
14 Oct 2009, 7:01 am
The CCA handed down a number of orders today, but no published opinions.So, by way of a palate cleanser, I offer you this from mc chris (language advisory): [read post]
22 Apr 2010, 1:20 am
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In drug conspiracy prosecution, admitting DEA informant’s lay opinion that handwriting was the defendant’s, based on the informant’s testimony that he was familiar with the defendant’s writing because of their long association, in United States v. Apperson, 441 F.3d 1162 (10th Cir. March 28, 2006) (Nos. 03-3368, 03-3369)Read more [read post]
28 Jul 2012, 11:13 pm
Here’s the latest insightful commentary in LTC Eric Carpenter’s series of 31(b)log posts on ACCA’s unpublished decision affirming the death sentence in United States v. Akbar.
And here is LtCol Devin Winklosky’s analysis of CAAF’s decision in United States v. Vela, 71 M.J. 283 (C.A.A.F. 2012).
[read post]
5 Jul 2012, 10:58 am
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In racketeering trial involving illegal gambling schemes enforced by means of arson, admitting lay testimony by ATF special agent as to his understanding of defendants' "cryptic conversations," that had been intercepted, regarding the alleged gambling and arson schemes under FRE 701 because the trial court employed four factors in assessing coded language lay opinion, in United States v. Albertelli, __ F.3d __ (1st… [read post]
21 Jul 2012, 7:05 am
LTC Eric Carpenter, the head of the Army JAG School’s Crim Law department, is writing a series of posts on 31(b)log analyzing ACCA’s unpublished opinion affirming the death sentence in Akbar. United States v. Akbar, No. ARMY 20050514 (A. Ct. Crim. App. July 13, 2012). His three posts are here, here, and here.
As previously noted by Phil “My Liege” Cave, Lawfare has posted this harsh critique of CAAF’s Ali opinion by Professor and Associate Dean Steve Vladeck of American University’s… [read post]
4 Aug 2011, 6:04 pm
The left is promoting quotas again. Nathan Koppel of the Wall Street Journal says that President Obama wants diversification of the federal bench to be a top priority: National Public Radio today takes a detailed look at the president’s efforts in this regard, including elevating the first Hispanic to the Supreme Court and the first openly gay man [...] [read post]
2 May 2013, 7:32 am
Even the greenest of prosecutors knows to ask it. And all officers, from rookie to veteran, know how to answer. Rare is the impaired driving case without it. What’s the it? The opinion question, of course. You’ll find the following exchange recorded in many a DWI transcript. Q: Did you form an opinion, satisfactory to [...] [read post]
23 Sep 2011, 9:13 am
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In racketeering trial of defendants, lay opinion testimony of investigating government agent under FRE 701 was admissible for identifying a defendant's handwritng on documents related to the charged scheme only to the extent that this identification testimony also satisfies the FRE 901(b)(2) authentication requirement that the witness's knowledge was not gained solely for purposes of the litigation in which the… [read post]
2 Feb 2011, 1:18 am
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Reversing and remanding robbery and firearm convictions based on the erroneous limitation of lay witness testimony to non-opinion testimony, adversely affecting the defendant's insanity defense; under FRE 704(b) the limitation of opinion testimony on the ultimate issues in the case applies to expert witnesses, not lay witnesses; the restriction prejudicially affected the defense planning, witness preparation and… [read post]