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Articles Posted in Up Periscope

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The continuing problems of law enforcement testimony

Be it context, or something else such as human lie detector testimony, prosecutors often seek to go too far with law enforcement testimony. Second Circuit highlights two important issues concerning law enforcement testimony: first, an officer may not provide lay testimony that is based upon “specialized training and experience”; and…

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Testimony too far

After an extensive investigation involving numerous intercepted recordings, to what extent can an agent provide opinion testimony about the meaning of the recordings? In reversing a conviction for a murder for hire conspiracy, the Sixth Circuit joins five other circuits (Second, Fourth, Eighth, Ninth and D.C.) in disallowingFRE 701 to permit…

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