Tech Savvy Judges and the Challenge of Jurors Conducting Online Research

Why would a juror’s online research be a “problem” for a criminal defendant? Because an “extrinsic influence on a jury’s deliberations violates a defendant’s Sixth Amendment rights to an impartial jury, to confront witnesses against him, and to be present at all critical stages of his trial.” United States v.[…]

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Harmless Error in Bank Robbery Conviction with Inadmissible Character Evidence from MySpace Profile

A Defendant in Georgia was convicted of multiple armed bank robberies and possession of a firearm by a convicted felon.  The Defendant was sentenced to 2,005 months in prison for his crimes. On appeal, the Defendant claimed the District Court abused its discretion in admitting the “bad character evidence” of[…]

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The Low Speed Chase that Gives Us Admissible Cell Phone Photo after a Warrantless Search

A police officer stopped a car driving with a flat tire, cracked windshield and its bright lights on.  People v. Gorostiza, 2009 Cal. App. Unpub. Lexis 9494 at *1.   The passengers might have been hoping, “There is nothing to see here.”  After stopping the car with the Defendant and two passengers,[…]

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No Reasonable Expectation of Privacy in Abandoned CD’s

A criminal defendant was convicted of possession of child pornography, based on CD’s and other media he left after vacating an apartment.  The Supreme Court of New Hampshire found he had no expectation of privacy in the abandoned media and that the search of the media was proper.  State v.[…]

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Things to Think About for Your Rule 26(f) Meeting…

In a case management hearing, the parties were directed to consider the following electronically stored information (ESI) issues at their Rule 26(f) conference for drafting their proposed Rule 16(b) order: With regard to any discoverable electronically stored information (ESI) the parties may have, the Court further requests that the joint discovery plan also[…]

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Request for Production: Any and All Documents in the Past 46 Years Supporting the Overthrow of a Communist Government

Sometimes there is a case that is just too unique to pass up.  This is one of those cases. The Defendants in a criminal case were charged  in a conspiracy to ship weapons to Laos to overthrow the Communist Government.  United States v. Jack, 2009 U.S. Dist. LEXIS 43120, 2-3[…]

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