The Daubert Standard and Admitting Expert Testimony

Daubert Standard

Scientific evidence can be very persuasive to a jury and has the potential to seriously sway the outcome of a trial. This is why the Supreme Court put standards in place for how a district court must evaluate whether expert testimony and scientific evidence can be admitted at trial. The Eleventh Circuit Court of Appeals…

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Does Right to Counsel Begin Before Indictment?

Right to Counsel

A defendant on trial in a criminal proceeding is entitled to an attorney for his defense. In the event that a defendant cannot afford an attorney, the court will appoint one. This tenet of U.S. criminal law is widely known and has been a basic principle of criminal procedure since the country was founded. The…

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Wire Fraud and Stealing Confidential Business Information

Confidential Business Information, mail and wire fraud statutes

Employees of corporations have varying levels of access to the corporation’s information that the business may consider confidential. One significant source of criminal prosecutions is the use of confidential information by employees for their own personal gain and to the detriment of the company. When does benefiting from confidential business information cross the legal line?…

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Juror Misconduct After a Conviction: Potential for New Trial?

Juror Misconduct

In United States v. French, the First Circuit Court of Appeals addressed an interesting development in a case involving two defendants charged with owning and running a marijuana farming operation on about 80,000 acres of land in Maine. Both defendants were convicted of the drug-related charges but later found out that one of the jurors on…

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Posting Not Necessarily “Advertisement” Under 18 USC 2251

18 usc 2251

18 USC 2251 (d)(1) makes it federal crime for anyone to post a “notice or advertisement seeking or offering— (A) to receive, exchange, buy, produce, display, distribute, or reproduce, any visual depiction, if the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is…

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Motion To Suppress Evidence – Illegal Search

motion to suppress evidence illegal search

The U.S. Court of Appeals for the Ninth Circuit has upheld a federal judge’s decision to grant a motion to suppress evidence obtained during an illegal search. Straughn Gorman was stopped by a Nevada state trooper for an alleged “left lane violation” while driving a motorhome. The trooper was suspicious that Gorman was carrying bulk…

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