Skip navigation

Search

16 results
SCOTUS Announces Confrontation Clause Prohibits Expert Witness From Testifying About Non-­Testifying Expert’s Statements Regarding Forensic Testing Performed by Non-­Testifying Expert in Support of Testifying Expert’s Opinion Testimony at Trial by Sam Rutherford by Sam Rutherford The Supreme Court of the United States unanimously held that the Sixth Amendment’s Confrontation Clause …
Michigan Supreme Court: Fundamentally Unfair to Deny Indigent Defendant Funds to Retain False Confession Expert Where Genuineness of Confession Key Issue at Trial by Sam Rutherford by Sam Rutherford The Supreme Court of Michigan held that it is fundamentally unfair to deny an indigent defendant’s request for funds to retain …
Article • August 15, 2024 • from CLN September, 2024
Behavioral Health Experts Claim Head Movement While Speaking Indicator Whether Women Are Psychopathic by Douglas Ankney by Douglas Ankney According to the authors of a study from the University of New Mexico, “[n]onverbal behaviors (i.e., head dynamics) represent an important, yet understudied, form of communication that may enhance our ability …
Article • April 15, 2024 • from CLN April, 2024
Crime Scene Context: Bridging the Gap Between Evidence and Reconstruction by Jo Ellen Nott by Jo Ellen Nott F.D. Zigan, a veteran crime scene investigator who specializes in fingerprint analysis for the Roswell Police Department in suburban Atlanta, Georgia, writes about the disconnect between evidence collection and scene reconstruction in …
SCOTUS Announces First Amendment Requires Mens Rea of Recklessness for ‘True Threats’ Conviction by Richard Resch by Richard Resch The Supreme Court of the United States held that criminal liability for true threats, which are not protected by the First Amendment, requires proof that the defendant had a subjective understanding …
California Court of Appeal: Exclusion of Expert Witness at SVP Trial as Remedy for Discovery Violation Constitutes Denial of Constitutional Due Process by David Reutter by David M. Reutter The Court of Appeal of California, Fourth Appellate District, concluded that a trial court erred by excluding the defense’s only expert …
Article • May 1, 2022 • from CLN May, 2022
Ninth Circuit: IAC for Failure to Engage Mental Health Expert and Testing, State PCR Court’s Decision Contrary to Federal Law and Defective Factfinding, Habeas Relief Granted by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held that trial counsel’s failure to obtain a mental …
Article • March 15, 2022 • from CLN April, 2022
Filed under: Mental Health Experts
Vermont Supreme Court Announces Rule 12.1 Doesn’t Require Notice of Diminished Capacity Defense When Expert Testimony Won’t Be Used by Matthew Clarke by Matt Clarke The Supreme Court of Vermont held that a trial court erred when it prohibited a defendant from raising the defense of diminished capacity, without relying …
Article • March 15, 2022 • from CLN April, 2022
California Court of Appeal Announces Suffering From a Nonqualifying Mental Disorder While Also Suffering From a Qualifying Disorder Does Not Bar Eligibility for Mental Health Diversion Under § 1001.36 by Anthony Accurso by Anthony W. Accurso The Court of Appeal of California, Fifth Appellate District, vacated a trial court’s decision …
Article • August 15, 2021 • from CLN September, 2021
Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense by David Reutter by David M. Reutter The Supreme Judicial Court of Massachusetts found a trial court abused its discretion when it excluded an expert who sought to testify as to the cultural …
Article • August 15, 2021 • from CLN September, 2021
Delaware Supreme Court: Substitution Not Allowed for Chain of Custody Witness by Anthony Accurso by Anthony W. Accurso The Supreme Court of Delaware vacated a defendant’s convictions for substance possession after the trial court allowed the State to substitute a different officer for testimony instead of the one who conducted …
Article • July 15, 2021 • from CLN August, 2021
Filed under: Mental Health Experts
Reevaluating Capital Punishment and Psychosis: How Sane Must We Be to Qualify for Execution? by Michael Fortino, Ph.D by Michael Fortino, Ph.D. You have been assigned to be a juror in each of the following cases, and your responsibility is to decide which of these guilty suspects is sane enough …
Article • January 15, 2021 • from CLN February, 2021
California Court of Appeal: Confrontation Clause Violation Where Supervisor, Not Lab Tech Who Performed Drug Tests, Testified at Trial by Anthony Accurso by Anthony Accurso The Court of Appeal of California, Fourth Appellate District, ruled that a defendant’s right to confront his accuser under the Six Amendment to the U.S. …
California Supreme Court Vacates Murder Conviction, Finds IAC for Failure to Obtain Expert Testimony on Time of Death by Dale Chappell by Dale Chappell In a case that hinged on the time of death to convict the defendant, the Supreme Court of California granted habeas corpus relief where defense counsel …
Article • October 15, 2020 • from CLN November, 2020
Missouri Supreme Court: Circuit Court Erred in Excluding Expert Witness Testimony Regarding Accuracy of Eyewitness Identification by Douglas Ankney by Douglas Ankney The Supreme Court of Missouri held that a circuit court erred when it excluded testimony from Kane Carpenter’s expert witness relating to the accuracy of witness identifications. In …
Simplified pleadings-Deformation of Fed Rules ACLU, 2013 \\jciprod01\productn\N\NYU\88-1\NYU108.txt unknown Seq: 1 21-MAR-13 10:15 • SIMPLIFIED PLEADING, MEANINGFUL DAYS IN COURT, AND TRIALS ON THE MERITS: REFLECTIONS ON THE DEFORMATION OF FEDERAL PROCEDURE ARTHUR R. MILLER* When the Federal Rules of Civil Procedure were promulgated in 1938, they reflected a policy …