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This was all expected and sets up a pretty compelling argument for ineffective assistance of trial counsel. I'm currently working on that argument with Jamar's attorney. He also appointed a Board of Inquiry to review his case. That Board has not yet issued its report. Veasy's timecard shows him working at the time he was allegedly killing "The Jamaican," the only witness against him was legally blind, and the State suppressed exculpatory evidence Undisclosed series. We are currently working with the Conviction Integrity Unit on this case and hope for a ruling soon. As noted above, a judge recently accepted the prosecution's statement that Chester was "likely innocent" of the murder of Tae Jung Ho and released, with the State subsequently dropping all of the charges against him, accompanied by an apology Undisclosed series.

Govenor Bill Haslam granted Cyntoia Brown clemency, meaning she should be released August 7th Undisclosed special episode. A decision should be imminent. In the near future, expect a motion for a new trial from the Wake Forest team based on new scientific evidence that Pam's husband died from arsenic poisoning based on ingesting turkey medication rather than being poisoned by her Undisclosed series. We just finished our series on Rocky Myers, who has no ability to appeals his murder conviction due to his abandonment by appellate counsel. As a result, it is difficult to see a path toward exoneration in the courts.

That said, we hope that his death sentence can be commuted to a life sentence due to the use of judicial override in his case, and we also hope that we can convince Governor Kay Ivey to stay execution if and when that execution is scheduled Undisclosed series. August 5, Permalink Comments 8. Massachusetts evidence law is weird. The state has a Guide to Evidence that is updated annually but that is not binding upon the courts. That said, those courts can adopt portions of the Guide to Evidence , which is what the Supreme Judicial Court of Massachusetts did in its recent opinion in Hedberg v.

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Wakamatsu , WL Mass. But that opinion is odd for a few reasons.

August 2, Permalink Comments 1. Similar to its its federal counterpart , Hawai'i Rule of Evidence provides that.

The Legal Concept of Evidence

At the request of a party the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion. This rule does not authorize exclusion of 1 a party who is a natural person, or 2 an officer or employee of a party which is not a natural person designated as its representative by its attorney, or 3 a person whose presence is shown by a party to be essential to the presentation of the party's cause.

Meanwhile, the Sixth Amendment provides an accused with "the right to a speedy and public trial. July 30, Permalink Comments 1. Similar to its federal counterpart , Indiana Rule of Evidence 19 provides an exception to the rule against hearsay for. A reputation among a person's family by blood, adoption, or marriage—or among a person's associates or in the community—concerning the person's birth, adoption, legitimacy, ancestry, marriage, divorce, death, relationship by blood, adoption, or marriage, or similar facts of personal or family history.

There is scant caselaw on this hearsay exception, but the recent opinion of the Court of Appeals of Indiana in Wilson v. State , WL Ind. July 28, Permalink Comments 0. Federal Rule of Evidence , the rule of completeness, provides that.

If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part — or any other writing or recorded statement — that in fairness ought to be considered at the same time. So, imagine that Defendant is on trial for murdering Victim.

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During its case-in-chief, the prosecution wants to introduce part of of a letter Defendant sent Victim, which stated, "I'm going to kill you. But now, assume a fourth scenario, in which Defendant tells Victim the next day in front of Friend, "Just kidding about the whole killing thing. July 27, Permalink Comments 0. Expert evidence serves as the highly contextual core of litigation, and this textbook has been designed to bring a practice-oriented lens to the issue.

The book begins with materials breaking down the central rules of evidence and civil procedure constraining presentation of experts, then moves into application of those rules to various common disciplines in criminal and civil litigation.

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Throughout the book, students will engage with real-world writing exercises to apply the rules in context, to sharpen analytical skills, and to prepare for their transition to practice. As the student progresses into the subject-specific materials, each section raises significant questions about the underlying reliability of each discipline but also demonstrate an analytical framework to serve as a template for future encounters with unfamiliar disciplines. There is a set of PowerPoint slides available upon adoption of this book.

Click here to view a sample presentation. If you are a professor using this book for a course, please contact Beth Hall at bhall cap-press. July 12, Permalink Comments 3. Applicants should have a J. We may consider applications from persons who specialize in other areas as additional needs arise. The Immigration Law Clinic is a fully in-house, one-semester, 5 credit clinic in which students represent non-citizens in their defensive proceedings before the Executive Office of Immigration Review EOIR and affirmative applications with U.

Prior clinical teaching experience and fluency in Spanish is preferred. We also seek to hire a full-time Assistant Professor of Professional Practice to teach legal analysis and writing. A successful candidate will teach the fundamentals of legal reasoning and writing by way of predictive and objective memoranda in the fall semester and advance those skills by teaching persuasive writing of an appellate brief and appellate oral advocacy in the spring semester.

The legal writing faculty collaboratively develop the course materials that are used across the 1L curriculum. Applicants must have a J. The Paul M. We particularly welcome and encourage applications from female and minority candidates. Applications should include a letter of application, resume, references, and teaching evaluations if available to:. July 9, Permalink Comments 1. A defendant is charged with second degree murder based on a shooting outside an apartment building. In closing argument, defense counsel says:.

Wouldn't you think, ladies and gentlemen, that if there was video camera surveillance at 48 St. Paul's Place, that would be very important, that possibly could show what it was that took place; don't you think it would have shown who actually shot [the victim]? We don't have that video. Paul's Place; inside the lobby, okay. Common sense, ladies and gentlemen, you saw that the police recovered video footage from [defendant's apartment building], Can We Help?

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    The Court held that political cartoons and satire such as this parody "have played a prominent role in public and political debate. And although the outrageous caricature in this case "is at best a distant cousin of political cartoons," the Court could see no standard to distinguish among types of parodies that would not harm public discourse, which would be poorer without such satire.

    The Court said the law impermissibly singled out income only from the prisoner's expressive activity, and then only expressive activity relating to his crime, without necessarily compensating any victims of those crimes. The Court agreed that many important books--including The Autobiography of Malcolm X , Thoreau's Civil Disobedience , and works by Martin Luther King--perhaps might not have been published with such a law in place.

    See also: The New York Times v. Sullivan , U. Gertz v. Robert Welch, Inc. The Barnette children, all members of the Jehovah's Witnesses, refused to participate in the flag salute, consistent with the tenets of their religious beliefs, and were expelled from school.

    The Supreme Court struck down the regulation on the grounds that the First Amendment barred any rule compelling an individual to salute the flag or participate in the Pledge of Allegiance. In strong language, the Court affirmed the right to dissent: "But freedom to differ is not limited to things that do not matter much.

    Chapter 5 Relationship to The Administration of Justice

    That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order. If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein.

    If there are any circumstances which permit an exception, they do not now occur to us.