Ninth Circuit Announces Panels of Court of Appeals May Fashion Remedy When District Court Commits Daubert Error by Douglas Ankney by Douglas Ankney In its November 5, 2020 opinion, the U.S. Court of Appeals for the Ninth Circuit, en banc, announced that panels of the Ninth Circuit may now fashion …

Michigan Supreme Court Reverses Murder Conviction Due to Unreliable, Suggestive Showup by Matthew Clarke by Matt Clarke The Supreme Court of Michigan held that a showup identification of the alleged shooter in a murder case was impermissibly suggestive and unreliable. Because the prosecution’s case was “significantly less persuasive” without the …

Ninth Circuit: District Court Abdicated Daubert Gatekeeping Function by Failing to Make Reliability Findings on Expert Witness’ Testimony by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Ninth Circuit ruled that the U.S. District Court for the District of Arizona failed in its gatekeeping function …

The Junk Science Cops Use to Decide You’re Lying by Jordan Smith Leaked documents detail law enforcement trainings in lie detection techniques that have been discredited by scientists. by Jordan Smith, The Intercept The article was originally published on August 12, 2020, and is republished with permission from The Intercept, …