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Evidence Sixth Amendment

EDRM - Electronic Discovery Reference Model

[Webinar] ESI and Crimes: Catching Criminals and Protecting Rights - May 22nd, 1:00 pm - 2:00 pm ET

Electronic information in various forms is now a common feature in the investigation and prosecution of crimes. The search for and use of that information presents issues under the Fourth, Fifth, and Sixth Amendments as well...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Affirms Conviction and Sentence of Defendant Who Posted Video Urging "Slaughter" of Members of United States...

In United States v. Hunt, the Second Circuit (Walker, Parker, and Bianco) affirmed the conviction and sentence of Brendan Hunt, who in the wake of the 2020 presidential election threatened prominent elected officials on...more

Whitcomb Selinsky, PC

The People versus Race

Whitcomb Selinsky, PC on

The prosecutor's opening statement was "flagrantly, glaring, and tremendously improper". Those are the words the Colorado Court of Appeals used to describe the racially charged language a District Attorney (D.A., prosecution)...more

Epstein Becker & Green

Arbitration, Confrontation, Immigration, and Conversation on the Court’s Agenda Today – SCOTUS Today

Epstein Becker & Green on

Of the four cases decided last Friday, the one that likely pertains to the largest number of this blog’s readers is Coinbase, Inc. v. Bielski, a 5-4 opinion delivered by Justice Kavanaugh, who wrote for himself, the Chief...more

Zuckerman Spaeder LLP

The U.S. Supreme Court Rejects Bronx DA’s Attempted End-Run Around Confrontation Clause

Zuckerman Spaeder LLP on

In Hemphill v. New York, the U.S. Supreme Court held that the defendant “did not forfeit his confrontation right merely by making [a] plea allocution arguably relevant to his theory of defense.” The Court rejected the attempt...more

Patterson Belknap Webb & Tyler LLP

Circuit Affirms Conviction, Finding No Coerced Confession When Made in Presence of Attorney

Recently, the Second Circuit upheld the conviction and 40-year sentence of a Hezbollah operative.  In United States v. Kourani, No. 19-cr-4292 (Cabranes, Kearse, Pooler), the Court rejected the defendant’s various arguments...more

Law School Toolbox

Law School Toolbox Podcast Episode 301: Listen and Learn -- The Confrontation Clause

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! Today, in our "Listen and Learn" series, we take a look at the Fourteenth Amendment, specifically the Confrontation Clause. Confrontation Clause issues are commonly tested in...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 137: Listen and Learn -- The Confrontation Clause

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we take a look at the Fourteenth Amendment, specifically the Confrontation Clause. Confrontation Clause issues are commonly tested in...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Clarifies Venue Requirements for Securities Fraud

On August 15, 2016, the Second Circuit issued a rare opinion on the subject of the sufficiency of evidence to establish venue in United States v. Lange, No. 14-2442-cr (Jacobs, Chin, Droney). ...more

Patterson Belknap Webb & Tyler LLP

Court Rejects Habeas Claim That Admission of DNA Evidence Violated Petitioner’s Confrontation Right

On Tuesday in Washington v. Griffin, 15-3831-pr (Katzmann, Kearse, Livingston), the Second Circuit affirmed the denial of a petition for a writ of habeas corpus on a Confrontation Clause challenge. At issue was whether it...more

Burr & Forman

Deflategate’s Lessons for Civil Arbitrations

Burr & Forman on

Unless you live under a rock, you’ve heard about “Deflategate:” The Patriots’ use of allegedly under-inflated footballs during their 45-7 win over the Colts in last-year’s AFC Championship. In a 40-page opinion issued...more

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