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MySpace evidence inadmissible 

Published: May 3, 2011

Tags: evidence, MySpace, social networking

Prosecutors failed to sufficiently authenticate pages posted on a woman’s MySpace account that were introduced to show that she had threatened a witness in a murder case, Maryland’s highest court has ruled in reversing a conviction.

High Court confronts case of substitute lab analyst 

By: Kimberly Atkins
Published: March 2, 2011

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

WASHINGTON – Nearly two years after the U.S. Supreme Court ruled that lab reports used as evidence in criminal trials are testimonial evidence, and therefore the Confrontation Clause requires that the technicians who prepared them be made available to testify, the justices are still wrangling with the parameters of that rule.

App roundup: Trial apps, court rules and mileage tracking 

By: Correy Stephenson
Published: February 3, 2011

Tags: Apple, child support, evidence, iPad, iPad apps, iPleading, Mac, mileage tracking, tablet computers, Tap2Track Mileage, technology, TrialPad

Now that lawyers are increasingly using tablet computers in and out of the courtroom, the latest Lawyers USA technology roundup takes a look at some new applications that can benefit practitioners: 

Family law attorneys are missing evidence on social networking sites 

By: Allison McAndrew
Published: November 15, 2010

Tags: 20 Things Lawyers Need to Know in 2011, divorce, evidence, Facebook, social media, social networking, Twitter

The undeniable popularity of Twitter, Facebook, LinkedIn and other social networking sites has opened up a potential treasure trove of legal evidence, especially in divorce cases where a person’s whereabouts, “friends” and employment status are often relevant.

But many divorce lawyers are missing the boat.

Jury may have computer to view digital evidence 

By: Pat Murphy
Published: November 12, 2010

Tags: CD-ROM, evidence, laser eye surgery, medical malpractice

A jury in a laser eye surgery case should have been provided with a computer to view digital evidence contained on CD-ROM discs, the Indiana Court of Appeals has ruled in reversing a defense verdict.

Judge’s express ruling rebuts presumption 

By: Sylvia Hsieh
Published: October 29, 2010

Tags: evidence, search and seizure

During a non-jury trial, a judge is presumed to have disregarded inadmissible evidence, but a judge’s express finding of admissibility can rebut that presumption, the Florida Supreme Court has ruled.

Is shooting victim’s statement admissible? 

By: Kimberly Atkins
Published: October 6, 2010

Tags: Confrontation Clause, criminal procedure, evidence, Supreme Court

WASHINGTON – Can a shooting victim’s statement identifying the gunman – made hours before he died – be admitted as evidence, or would that admission violate the Confrontation Clause?

That’s the issue the U.S. Supreme Court considered during oral arguments Tuesday in Michigan v. Bryant.

Gruesome photos may sway jurors – or make them swoon 

By: Nora Tooher
Published: August 19, 2010

Tags: evidence, exhibits, juries, jurors, litigation

Graphic injury photographs can increase a plaintiff’s chance of a favorable jury finding. But some photos can be so gruesome that jurors become angry at the plaintiff’s lawyer for displaying them.

Remedial evidence inadmissible in auto accident case 

By: Pat Murphy
Published: July 12, 2010

Tags: evidence, subsequent remedial measures

A personal injury plaintiff could not introduce evidence of subsequent remedial measures taken at the scene of an automobile accident – even though those improvements were made without regard to the crash, the Arizona Supreme Court has ruled in affirming judgment.

Turning dull evidence into meaningful stories

By: Richard Gabriel
Published: July 6, 2010

Tags: demonstrative evidence, evidence, juries, jurors, testimony

When presenting a case to a jury, there is a fine line an attorney must walk between showy theatricality and mind-numbing exposition of technical evidence.
Here are some tips from Lawyers USA columnist Richard Gabriel on turning everyday evidence into meaningful stories that will resonate with a jury.