Here is a link to Prof. Colin Miller’s site. The Areas Of My Expertise: Alabama Federal Court Allows Expert Eyewitness Testimony Despite Eleventh Circuit Precedent. Professor Miller discusses an 11th Circuit decision allowing expert testimony on the unreliability of eyewitness identifications. The court allowed testimony about problems with identifications, but…
Oh well, back from vacation. Lot’s to catch up on. Here is an interesting article: Anthony E. Giardino, COMBAT VETERANS, MENTAL HEALTH ISSUES, AND THE DEATH PENALTY: ADDRESSING THE IMPACT OF POSTTRAUMATIC STRESS DISORDER AND TRAUMATIC BRAIN INJURY, 77 Fordham L. Rev. 2955 (2009).
I’m not an expert I’m here as a teacher to help you understand some of the evidence and facts. Richard Gabriel, Redefining Credibility: Turning Expert Witnesses into Teachers, 21(3) The Jury Expert, May 2009. Frequently, however, [jury’s] are turned off by expert witnesses, who may resemble one of the following:…
I’ve already commented on breath tests. Are military breath tests reliable? Is the Intoxilyzer 5000 racially and genetically biased? Here is a new case and continuing discussion which potentially excludes evidence of the Intoxilyzer 5000, a device found to be used frequently at military bases. The issue is actually one…
Here is a good case offered by Prof. Colin Miller, Under Construction: Ninth Circuit Resolves Interplay Between Rules Of Evidence 608 And 609, 17 May 2009. As the 9th and Professor Miller note this was a close issue. And here is another treatment of the case at FederalEvidence.blog,“Collateral Details” Of…
Here’s a new law review article to go along with my rants about how prosecution expert and forensic evidence can be biased, it’s difficult to deal with, and the system allows the problem. Volume 95, Issue 1 Brandon L. Garrett and Peter J. Neufeld, Invalid Forensic Science Testimony and Wrongful…
Been a while since I’ve posted something related to technology and this century. (I should note a red book sighting the other day at NLSO WNY.) Here is an interesting article. Of course those of us with the offending L1 GPS systems are quite aware of running into brick walls…
I’ve posted before on issues about potential bias and unreliability with forensic and other expert testimony: here and here. In particular, we’ve referenced the National Academy of Sciences study. Well it’s not just in the United States. Here is a piece from the U.K. Frances Gibb, Why the Law Commission…
I take some back, almost. Again I was looking at the NKO Criminal Law Division’s practice tips and I came across this one dealing with the ““Blackout” defense to alcohol facilitated sexual assault.” No, it’s not. This title implies that the accused has deliberately gotten the complaining witness drunk. This…
I noticed an article on the Navy JAG NKO site today that should be treated with some caution by defense counsel. It is entitled Practice Tip: Presenting medical evidence in a sexual assault case. I have no problem with the beginning and essential premise of the article – the absence…