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10 Feb 2010, 3:16 am by charonqc
UPDATE: Appeal judge watered down Binyam Mohamed torture ruling The Guardian: Government persuaded Lord Neuberger to delete damning references to MI5 ‘culture’ of suppressing evidence Binyam Mohamed torture evidence must be revealed, judges rule The Guardian reports: “High court ruling compels British government to disclose what MI5 knew of refugee’s treatment in Guantánamo Bay. [read post]
29 Sep 2011, 8:20 am by Colin Miller
§ 2254, claiming, inter alia, that evidence that Kady’s Sauna was used as a house of prostitution was material exculpatory information that was unconstitutionally suppressed pursuant to Brady v. [read post]
2 Oct 2010, 2:07 pm by Brian Shiffrin
As the Court held in People v Lyon, AD3d, 2010 NY Slip Op 06892 [10/01/10], where "a defendant's testimony conflicts with evidence precluded by a Sandoval ruling, "the defense opens the door' on the issue in question, and the [defendant] is properly subject to impeachment by the prosecution's use of the otherwise precluded evidence" (People v Fardan, 82 NY2d 638, 646; see People v Rodriguez, 85 NY2d 586, 591). [read post]
19 Apr 2012, 6:18 am by Maureen Cosgrove
[JURIST] The US Supreme Court [official website] ruled unanimously [opinion, PDF] Wednesday in Kappos v. [read post]
26 Mar 2015, 2:26 pm by Goldfinger Personal Injury Law
This week the Ontario Court of Appeal released a much awaited decision in the case of Westerhof v. [read post]
28 Jun 2011, 11:18 am by PaulKostro
N.J.R.E. 901 sets forth the rule for authentication of evidence. [read post]
12 Mar 2013, 4:54 am by Evidence ProfBlogger
Federal Rule of Evidence 804(b)(2) provides an exception to the rule against hearsay In a prosecution for homicide or in a civil case, [for] a statement that the declarant, while believing the declarant’s death to be imminent, made about its... [read post]
10 Jan 2010, 5:30 am by Evidence ProfBlogger
Like its federal counterpart, Rhode Island Rule of Evidence 1002, its Best Evidence Rule, provides that: To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these... [read post]
21 Jun 2016, 7:33 pm by Consuella Pachico
Supreme Court has ruled in Utah v Strieff that evidence seized incident to a lawful arrest on an outstanding warrant is not excluded because the warrant was discovered during an unlawful stop. [read post]