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Trial strategy: Should you let jurors handle the evidence? 

By: Correy Stephenson
Published: April 13, 2012

Tags: evidence, jury

A recent study by the University of Notre Dame suggests that humans learn and retain information differently if their sense of touch is engaged.

Trial consultant Douglas Keene said this means that the value of touching a piece of evidence cannot be overstated.

Text messages shouldn’t have been admitted 

Published: April 9, 2012

Tags: cell phone, evidence

Texts from a stolen cell phone should not have been admitted in a robbery trial without evidence corroborating that the defendant had authored the messages, the Nevada Supreme Court has ruled.

EVIDENCE 

Published: April 2, 2012

Tags: evidence, harmless error, Supreme Court

The U.S. Supreme Court has dismissed as improvidently granted a case raising the issue of when erroneously admitting hearsay evidence is harmless error.

See previously “Supreme Court considers harmless error standard”

U.S. Supreme Court. Vasquez v. U.S., No. 11-199. April 2, 2012. Lawyers USA No. 993-3688.

Big Brother can help your case 

By: Correy Stephenson
Published: December 28, 2011

Tags: evidence, video evidence

With electronic surveillance at an all-time high and smartphones equipped with video cameras, video evidence is an increasingly common – and important – element of a case.

Asset transfer admissible to show consciousness of guilt 

Published: November 18, 2011

Tags: evidence, manslaughter

Evidence that a vehicular manslaughter defendant transferred assets for less than fair value shortly after an accident could be admitted to show consciousness of guilt, the Connecticut Supreme Court has ruled in reinstating a conviction.

VHS copy of digital surveillance recording admissible 

Published: October 13, 2011

Tags: "silent witness" rule, evidence

A videotaped copy of a digital surveillance camera recording was admissible in a theft case, the Illinois Supreme Court has ruled in reinstating a conviction.

Text messages inadmissible in drug trial 

Published: September 30, 2011

Tags: cell phone, evidence, hearsay, text messages

Prosecutors in a drug trial should not have been permitted to introduce text messages recovered from the defendant’s cell phone, a Pennsylvania appellate court has ruled in reversing a conviction.

S.C. jury awards $4.7 million in toxic chemical case 

By: Phillip Bantz
Published: August 15, 2011

Tags: chemical exposure, disability, evidence, nerve damage, South Carolina

A pair of South Carolina attorneys recently won millions in a personal injury case after rejecting a low ball settlement offer and overcoming a lack of medical evidence to prove the cause of their client’s life-altering disability.

Justices: Substitute analysts cannot introduce lab tests 

Published: June 23, 2011

Tags: Confrontation Clause, evidence, Melendez-Diaz v. Massachusetts, Supreme Court

The Confrontation Clause does not permit laboratory test reports to be introduced through the in-court testimony of an analyst who did not personally perform or observe the performance of the test, the U.S. Supreme Court has ruled.

CONFRONTATION CLAUSE 

Published: June 23, 2011

Tags: Confrontation Clause, evidence, Melendez-Diaz v. Massachusetts, Supreme Court

The Confrontation Clause does not permit laboratory test reports to be introduced through the in-court testimony of an analyst who did not personally perform or observe the performance of the test.

See “Justices: Substitute analysts cannot introduce lab tests”

U.S. Supreme Court. Bullcoming v. New Mexico, No.
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