December '08
www.xprolegal.com

Welcome to X-Pro News - The Free Monthly Newsletter
For Experts, Consultants & Legal Professionals Nationwide

Merry Christmas & A Happy New Year to all our readers. Our reduced membership offer of $60 per year to our online experts' directory is ending soon, so why not increase your chances of making new contacts in 2009 by signing up now - there has never been a better time.

Law

Hedgpeth v Pulido United States Supreme Court Opinion, 12/02/08: Criminal Law / Procedure: An instructional error arising in the context of a jury instructed on multiple theories of guilt, one of which is improper, is not structural error. A reviewing court finding such error should ask whether the flaw in the instructions "had substantial and injurious effect or influence in determining the jury's verdict."

United States v Stierhoff U.S. Court of Appeals, 1st Circuit, 12/01/08: Witnesses: The court ruled that IRS agents can testify as summary witnesses in tax cases.

O'Bryan v Holy See U.S. Court of Appeals, 6th Circuit, 11/24/08: The Court ruled that the Holy See can be sued by victims allegedly abused by Catholic priests. While the Holy See is subject to the Federal Sovereign Immunities Act (FSIA), it can be sued within the exception to FSIA allowing suit for damages from the "tortious acts" of a foreign state or any of its employees or officials. Here, the plaintiffs have included allegations against employees of the Holy See who supervised the allegedly sexually abusive priests.

Boumediene v Bush: Memorandum Order U.S. District Court, D.C. 11/20/08: The Court ruled against the Bush administration by granting habeas corpus to five "enemy combatants" detained in Guantanamo Bay. The court order directed the government to immediately take all necessary and appropriate diplomatic efforts to facilitate the release of the prisoners.

Winter, Sec. of the Navy ,et al. v Natural Resources Defense Council, Inc., et al. United States Supreme Court Opinion, 11/12/08: In an action brought by environmental groups claiming that the Navy's use of a particular type of sonar during training exercises in the waters off southern California causes serious injuries to marine mammals, a preliminary injunction against the Navy is vacated as the district court abused its discretion in imposing restrictions.


Articles

A Brief History of False Memory Research: Online article from Eassurvey chronicling the history of this fascinating subject as developed by Dr. Elizabeth Loftus. Essential reading for psychologists, psychiatrists and lawyers involved in cases where false memory could be a factor.

The Next Witness For The Prosecution Could Be Your Brain Interesting, though some might say alarming online article highlighting a recent Indian case where a defendant was convicted on the basis of a brain scan.


Events
01/06/09: Teleconference Training Program American Bar Association online training from the Young Lawyers Division. Program for the full year can be found on this link.
01/23/09 (WA): Expert Witness Training The International Association of Arson Investigators is holding a training event in Everett, WA. This course is designed to prepare experts to testify as an expert witness in a fire case - open to members and non-members.
05/ 16-21/09 (CA): APA Annual Meeting. The American Psychiatric Association is holding its annual meeting in San Francisco. The theme of the 2009 event is "Shaping Our Future: Science & Service".

In The News

12/08/08 (FL): Florida Judge's Courtroom Behaviour In the Dock A Florida judge is being investigated amid complaints that he has behaved inappropriately in the courtroom. Judge Ralph Eriksson is accused of punishing people for exercising their legal rights. According to testimony, Ericksson denied defendants their legal rights and was vindictive.


12/06/08 (UK): It's Not What The Papers Say, It's What They Don't. Troubling article in the U.K Guardian 'Bad Science' series showing how poor reporting in a recent MMR case was cause for concern. There's also an interesting follow up letter from an expert witness here.


11/24/08 (NY): From One Footnote…. NYT online article discussing the tricky relationship between science and law in the context of the Exxon Valdiz case.


11/23/08 (UK): London - Litigation Capital Of The World The melee surrounding Michael Jackson's expected appearance in London for a court case is unlikely to match the carefully choreographed precision of his usual performances.


11/25/08 (CT): The End As Teacher Is Cleared On Porn Charges. An end to the story previously run in 'X-Pro News' - a former substitute teacher has reached a plea deal to end a long-running case in which she was accused of exposing middle school students to online pornography. Also, click here for an interesting commentary in PCW Business Center.


11/20/08: 11th Circuit Raises Death Row Questions Online piece discussing the 11th Circuit's intriguing approach in death row cases, raising questions about the complex web of law governing how courts should handle habeas corpus claims by death row inmates.


11/20/08 (TX): Attorney In Trouble Over Expert's Whereabouts When Brad Allen, attorney for GuideOne Insurance, pleaded to delay a trial because expert witness Mark West lay in a hospital bed after he was thrown by a horse, the hospital had already sent West home.


11/19/08 (WI): Expert's Credentials Questioned - Possible Perjury Charges The Wisconsin Department of Justice has opened a perjury investigation into an expert witness who lied about his credentials in a high-profile homicide case.


11/14/08 (UK): Lockerbie: The Heathrow Evidence. Interesting online article from OhMyNews reviewing the evidence in the Pan Am / Lockerbie terrorist case which resulted in the deaths of 270 people in 1988. Click here.


11/14/08 (FL): Footprint Experts Key to Possible Retrial Although found guilty of murder more than two years ago, Robert Austin Jr. still hasn't been sentenced and still doesn't know if a new trial is in his future. During a recent hearing, Austin listened as lawyers debated whether he should be granted a new trial in the stabbing death of 79-year-old Anna Houston.


If you would like to add an address to our email list or make
a submission, please reply or visit our Newsletter Archive.
To unsubscribe, reply & put 'unsubscribe' in the subject line.
All content © X-Pro Legal 2008.