Is DNA Evidence Relevant? UCLA School of Law, Public Law Research Paper No. 20-03 4 Pages Posted: 12 Feb 2020 Kenneth W. Graham University of California, Los Angeles (UCLA) – School of Law Date Written: February 10, 2020 Abstract In admitting DNA sample taken at the crime scene in 2010 to…
Decryption Originalism: The Lessons of Burr 134 Harvard Law Review (Forthcoming) 58 Pages Posted: 19 Mar 2020 Orin S. Kerr University of California, Berkeley School of Law Date Written: February 6, 2020 Abstract The Supreme Court is likely to rule soon on how the Fifth Amendment privilege against self-incrimination applies to…
The Evidence Rules that Convict the Innocent Cornell Law Review, Forthcoming 51 Pages Posted: 27 Mar 2020 Jeffrey Bellin William & Mary Law School Date Written: March 2, 2020 Abstract Over the past decades, DNA testing has uncovered hundreds of examples of the most important type of trial errors: innocent defendants…
I’ve mentioned this before as more likely relevant to appellate practitioners. CAAF decided that a claim of ineffective assistance of an expert might work. On remand in McAllister he AFCCA had this to say. After considering appellant’s claims, our superior court determined that appellant did not receive competent expert assistance, but…
In United States v. Robertson the accused was charged with CP related offenses and violation of restriction. Here is why as a trial I and my colleagues would, and you should consider–pick the serious and solid charges and leave the detritus out. When you have a solid CP case you…
Wednesday, March 25, 2020 Batts & Sanger on Collecting Forensic Evidence in the Emergency Department By CrimProf BlogEditor Share Jayne J. Batts and Robert M. Sanger (affiliation not provided to SSRN and Santa Barbara College of Law) have posted Collecting Forensic Evidence in the Emergency Department: A Guide for Lawyers, Investigators, and Experts (American Journal of…
Cheng & Mannion on Forensic Reports and the Confrontation Clause By CrimProf BlogEditor Share Edward K. Cheng and Cara Mannion (Vanderbilt Law School and affiliation not provided to SSRN) have posted Unravelling Williams v. Illinois (NYU Law Review Online) on SSRN. Here is the abstract: Forensics are a staple of modern criminal trials, yet what restrictions…
NMCCA has an interesting case on the scope of a consent search and subsequent actions when looking for evidence on a cellphone. I think many times we have seen this issue. The MCIO gets a “limited” or narrow consent, but then just goes ahead and looks at everything claiming “plain…
Argument preview: Determining the statute of limitations for military rape — and possibly a lot more
There was a substantial basis for finding probable cause, and this didn’t even approach “bare bones.” “We must take care not to confuse a bare bones affidavit with one that merely lacks probable cause.” The motion to suppress was properly denied. United States v. Gilbert, 2020 U.S. App. LEXIS 7590 (6th…