April '08
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Law

  • Snyder v. Louisiana, No. 06-10119 (March 19, 2008); Criminal. A Louisiana conviction for first-degree murder and death sentence is reversed where the trial judge committed clear error in its ruling on an objection to the prosecution's strike of a black juror during voir dire, in violation of Batson v. Kentucky, 476 U. S. 79.
  • U.S. v Nacchio (U.S. 10th Cir., March 17, 2008) - A federal appeals court ordered that Joseph Nacchio, the former CEO of Qwest Communication, be retried for insider trading after finding that the trial court judge erred by excluding an expert witness for the defense who intended to provide an economic analysis of Nacchio's trading patterns, and "testify about the economic importance of the allegedly material inside information."
  • Entertainment Software Association v Swanson (U.S. 8th Cir., March 17, 2008) - The court upheld an injunction against a Minnesota video game law intended to protect "the psychological well-being and the moral and ethical development of minors" by preventing children under 17 from buying or renting video games.
  • Chicago Lawyers Comm. For Civil Rights Under Law v Craiglist, Inc. (U.S. 7th Cir., March 14, 2008) - Website not liable for content published by advertiser: In a suit alleging that the Craigslist.org website violated the Fair Housing Act by allowing users to post housing notices that stated a discriminatory intent, summary judgment for defendant-website is affirmed where Section 230 of the Communications Decency Act removed any liability on the part of the website for the publication of information provided by others.

  • Articles

    'Sexual Abuse: An Addictions Perspective' Addiction Psychiatrist & X-Pro Member Dr Jeffrey D. Roth : Addiction, often unacknowledged, can sometimes provide telltale evidence that changes the outcome of a case. Yet, civil cases of alleged sexual abuse frequently do not consider the implications of a perspective available from addictions medicine. This article describes such a perspective and an example where consideration of addiction would materially influence the course of the case.


    Events
    05/1-2/2008 (VA): Effective Project Management for Designers & Owners NSPE event. This "nuts and bolts" program teaches the concepts and tools of effective project management for architects, engineers, owners' representatives, facilities managers, and government agency executives.
    05/3-8/2008 (DC): American Psychiatric Association Annual Meeting. Come and join your colleages from across the U.S. and 50 other countries for the psychiatry event of the year.
    06/19-20/2008 (MA): SEAK 17th Annual National Expert Witness Conference. Nationally recognized attorneys, experts, judges, and educators will discuss all aspects of expert witness testimony, ethics, and trial techniques. Faculty this year includes four distinguished judges. Conference also offers continuing education credits.

    In The News
    Nacchio

    3/17/08 (CO): Nacchio Appeal: Expert Evidence Wrongly Excluded Says Court Former Qwest CEO Joe Nacchio has won his appeal against conviction. The 10th Circuit Court of Appeals ruled 2 to 1 that the lower court, presided over by U.S. District Judge Edward Nottingham, had wrongly excluded expert testimony, and the case has now been set for re-trial.


    3/11/08 (TN): 'Eyewitness Experts': A New Trend? After a mugging victim positively identified Jarvis Davis as his assailant, the matter proceeded to trial. During the defense case an expert witness was called who testified about the need for caution when dealing with identification.


    3/10/08 (TX): Malingerer 'Fake Bad Scale' Test Under Fire Despite Support Since personal injury litigation began there were always untruthful plaintiffs - malingerers who lied about the extent of their injuries in order to get the best pay day. However, a test has been developed by a psychologist which has rapidly gained approval by experts far and wide and which roots out such litigants.


    Maeve Sheppard

    3/10/08 (UK): Shaken Baby Syndrome - A Flawed Theory? New medical evidence highlighted in a BBC television programme could clear childminder Keran Henderson, who is serving a three-year prison sentence after being convicted of shaking an 11-month-old girl to death.


    2/23/08 (CAN): Be Cautious With 'Experts' Says Top Canadian Judge The public inquiry into the Dr Charles Smith debacle (see last month's edition of 'X-Pro News') has heard that courts tend to elevate experts to a higher level than ordinary witnesses and give them too free a rein.


    2/22/08 (WI): Murdered Wife Accuses Husband From Beyond The Grave A man accused of murdering his wife has been found guilty by a jury - largely on the strength of her letter she had written prior to her death.

    Mark Jensen

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