Category: Evidence

Arkansas Prosecutor and Amazon at War Over Release of Device’s Data Recordings; Consumer Privacy Rights in Question

Arkansas Prosecutor and Amazon at War Over Release of Device’s Data Recordings; Consumer Privacy Rights in Question

–by Samantha Pallini Sources: http://www.cnbc.com/2016/03/29/apple-vs-fbi-all-you-need-to-know.html; http://www.nbcnews.com/news/other/government-can-grab-cell-phone-location-records-without-warrant-appeals-f6C10803204; http://www.cnn.com/2016/12/28/tech/amazon-echo-alexa-bentonville-arkansas-murder-case-trnd/; http://fox40.com/2016/12/28/amazon-echo-may-be-the-key-to-solving-a-murder-case/; https://epic.org/privacy/internet/ftc/EPIC-Letter-FTC-AG-Always-On.pdf Abstract: An Arkansas prosecutor believes that a murder suspect’s Amazon Echo data recordings could be used as evidence in the case. However, Amazon continues to refuse to comply with requests...

Survey: 2015 Evidence Law

Survey: 2015 Evidence Law

Survey of New York Evidence law for 2014–2015. View Full PDF Patricia A. Lynn-Ford, Esq., Partner in the Lynn Law Firm, L.L.P. in Syracuse, New York, has been representing injured persons and their families in...

Man’s Sexual Tendencies Properly Admitted to Jury

Man’s Sexual Tendencies Properly Admitted to Jury

–by Darian Niforatos Citations: People v. Brewer, 2016 N.Y. LEXIS 3495 (2016); People v. Molineux, 61 N.E. 286 (N.Y. 1901). Abstract: The issue surrounding this case was whether the trial court erred in allowing the...

Prosecutors Can Impeach with Inconsistent Statements to Police

Prosecutors Can Impeach with Inconsistent Statements to Police

–by Emily Keable Citations: People v. Chery, 2016 N.Y. Lexis 3459 (2016); People v. Savage, 409 N.E.2d 858 (N.Y. 1980). Abstract: When a defendant’s initial statements to the police differ from the testimony the defendant...

Justice Department Rejects Forensic Science Recommendations; Critics Disapprove

Justice Department Rejects Forensic Science Recommendations; Critics Disapprove

—by Jennifer Pratt Abstract: Attorney General Loretta Lynch opted not to adopt any recommendations set forth in a report to the President about the unreliability of scientific testing in court settings.  Critics fear this...

In Jail? Be Careful What You Say on the Phone, It May be Used Against You in Court

In Jail? Be Careful What You Say on the Phone, It May be Used Against You in Court

—by D.J. Nugent People v. Johnson, No. 37, 2016 N.Y. LEXIS 752 (N.Y. Apr. 5, 2016). Abstract: The Court of Appeals upheld a New York City regulation that permits prisons, such as Rikers Island,...

New York Court of Appeals Holds “Symptom Threshold” Methodology Is Inadmissible, But Cites “Odor Threshold” Methodology With Approval

New York Court of Appeals Holds “Symptom Threshold” Methodology Is Inadmissible, But Cites “Odor Threshold” Methodology With Approval

—by David M. Katz Sean R. v. BMW of N. Am., LLC, 48 N.E.3d 937 (N.Y. 2016). Abstract: The New York Court of Appeals recently decided that the basis for an expert opinion on...

People v. Allen 0

People v. Allen

This appeal addresses whether a duplicity argument based on trial evidence must be preserved for appeal where the count is not duplicitous on the face of the indictment. The appellant/defendant, Terrell Allen (“defendant”), was...

People v. Johnson 0

People v. Johnson

This appeal addresses whether a defendant’s right to counsel has been violated when he attempts to gain leniency for one crime by discussing another crime and ultimately incriminates himself for the other crime in...

LM Bus. Assocs., Inc. v. State of New York 0

LM Bus. Assocs., Inc. v. State of New York

The State Insurance Fund, the State Police, and the Workers’ Compensation board investigated Mark Boerman for fraudulent activities. During the investigation, the State Police were granted a search warrant and searched the claimants’ offices...