January '11
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Law

Lear v. Fields 2 CA-SA 2010-0074 Arizona Court of Appeals. Expert Witnesses. The Court has quashed a new law designed to limit who can testify as an expert witness less than a year after business groups lobbied state lawmakers to approve it. See 'In The News' below.

Harrington v. Richter, No. 09-587 U.S. Supreme Court. Criminal Law, Forensics. In a murder prosecution, the Ninth Circuit's reversal of the denial of petitioner's habeas petition is reversed where: 1) 28 U.S.C. section 2254(d) applied to petitioner's petition, even though the state court's order was unaccompanied by an opinion explaining the court's reasoning; and 2) the Ninth Circuit erred in holding that, because petitioner's attorney had not consulted forensic blood experts or introduced expert evidence, the State Supreme Court could not reasonably have concluded counsel provided adequate representation.

In Re Brittany C. California Court of Appeal, 01/20/2011. Family Law. Juvenile court's visitation order that visits with petitioners' four youngest children were to be monitored and held in a therapeutic setting is affirmed where: 1) because the father was not authorized to file a notice of appeal on his eldest daughter's behalf, the daughter's appeal is dismissed; and 2) the juvenile court had the power to suspend visits when continuing them would be harmful to a child's emotional well-being and the visitation order was appropriate as there was nothing improper in the court taking a step back to consider the recommendations of a therapist and the desires of the children before attempting to fashion a visitation plan that has a hope of success.

U.S v Ham U.S Court of Appeals, 6th Circ. Criminal Law, Investigators/Experts. Conviction of defendant for possession of crack cocaine with intent to distribute, possession of a firearm in furtherance of a drug trafficking offense, and being a felon in possession of a firearm, and a 190-month sentence followed by eight years of supervised release, are affirmed where: 1) the district court properly admitted the expert testimony of an agent as it was highly relevant and helped the jury in resolving the central issue of whether defendant possessed the crack with intent to distribute; 2) an investigator's testimony concerning plastic baggies and scales did not constitute "expert testimony"…


Events/Training
02/07-11/2011 (CA):

IAAI Hazmat Course. The International Association of Arson Investigators has organized a course in San Diego to be delivered by experts from DuPont Chemical.

03/16/2011 (AZ):

FEWA. Phoenix Chapter Meeting is to take place at the Phoenix Airport Marriott.


Articles

$388M Verdict Reversed, Experts Recalculate Article by Robert Ambrogi dealing with how damages experts in patents cases may have to change their approach following a recent decision by the Federal Circuit Court of Appeals.


In The News

1/25/11 (IL): Has The 'Drive-Thru Lawyer' Arrived? It used to be cynically observed that there were two sorts of legal service: a gold-plated service for the rich and an every-day service for the poor. People driving by a sign in Oswego, Illinois, might have good reason to think that some of America's 1,180,386 lawyers have branched out into the newest form of cheap and speedy legal services at the lower end of the market: the drive-thru lawyer.


1/24/11 (OH): Parents Sue Expert Witness Over 'Morphed' Photographs A lawyer who serves as an expert witness in child pornography cases may be liable to pay hundreds of thousands of dollars in civil damages for 'Photo-shopping' courtroom exhibits of children having sex.


1/20/11 (WA): Marijuana: Another State Struggles With The Dilemma When Elliott Cain lived in California, staff at a marijuana dispensary there recommended a mild brand of marijuana that they said was effective at treating anxiety.Cain, who had a doctor's authorization to use marijuana as medicine, found it did just that.But when he moved to Washington, the only legal drugs he could access were prescription medicines that interfered with his sleep.


1/20/11 (AZ): Expert Witness Limitation Rejected By Arizona Court The Arizona Court of Appeals quashed a new law designed to limit who can testify as an expert witness less than a year after business groups lobbied state lawmakers to approve it.


1/17/11 (WI): Expert Evidence Reform "A Challenge" Lawyers on both sides of the debate over tort reform in Wisconsin aren't happy with some of the provisions in the new state law passed recently. The law is meant to protect doctors and manufacturers from expensive law suit settlements. But critics say the provisions that change the rules for admitting expert witness testimony could result in longer - and more expensive -- trials.


1/12/11 (CA): Experts Testify In Jackson Doctor Hearing A judge has dealt the doctor charged in Michael Jackson's death two setbacks, bringing him a step closer to a trial that could end with him being sent to prison and also taking away his livelihood.Los Angeles Superior Court Judge Michael Pastor told Dr. Conrad Murray that after listening to six days of testimony at a preliminary hearing, including expert testimony, he thought there was enough evidence to support a possible finding of guilt at trial for the cardiologist to be convicted of involuntary manslaughter.


12/23/10 (NY): Expert Publishes Intriguing New Book Expert Witness in the Legal System: A Scientist's Search for Justice, a new book by Morris S. Zedeck, Ph.D., has been released by Lauriat Books.This thought-provoking book examines the justice system and is astonishing in the depth of its information and the scope of its issues.


12/17/10 (SC): Experts Help Secure Guilty Verdicts In Murder Case A ring of point-blank gunfire killed a man during a robbery attempt in March 2010, according to testimony introduced in the murder trial of five men. "We found a total of 24 gunshot wounds to the body, arms and legs," pathologist Janice Ross testified. "Some are going from back to front, some are going from front to back." Qualified as an expert witness in forensic pathology, Ross told the court that 38-year-old Charles Pringle died of lacerations to his heart, liver, lungs and other vital organs.


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