Knotty Issues of eDiscovery
Vermont: Personally important because it is the State where I get many of my bow ties (along with the ones for the high school mock trial team I coach). Vermont is legally relevant because it is the land of a state Supreme Court decision on whether you have a legitimate[…]
Read moreIn a murder and arson case, the Defendant objected to search warrants that had been issued for his personal computer, BlackBerry, Facebook profile and iPod. The Defendant claimed the affidavits supporting the warrants did not have any evidentiary nexus between the items to be searched and the alleged criminal activity. […]
Read moreWhy 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.[…]
Read moreA 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[…]
Read moreA 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,[…]
Read moreA 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.[…]
Read moreIn 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[…]
Read moreA Criminal Defendant maintained an online business that was a shame: Orders were made and money paid, but the items ordered were either not sent or non-conforming goods instead. This is all fun and games for the Defendant until an undercover FBI agent placed orders in a sting operation. The[…]
Read moreSometimes 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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