May '09
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For Experts, Consultants & Legal Professionals Nationwide

We've published some interesting new articles this month - with thanks to our contributors. We welcome suggestions for new articles from everyone - not just our members, and, when requested, we always provide web and email links. Our experts register has an exciting new look and is still the most cost effective available at just $75 per annum. Unique visitors to our site last month = 21,206

Law

Dean v United States : U.S. Supreme Court, (04/29/09): Criminal Law. Defendant's firearm conviction is affirmed where defendant claimed he unintentionally fired his gun during a robbery, but 18 U.S.C. section 924(c)(1)(A)(iii) requires no separate proof of intent, and its 10-year mandatory minimum applies if a gun is discharged in the course of a violent or drug trafficking crime, whether on purpose or by accident.

Nken v Holder, Attorney General : U.S Supreme Court, (04/22/09): Immigration, Civil Procedure. The Court of Appeals' denial of Petitioner's motion to stay his removal pending judicial review of a BIA ruling is reversed, where traditional stay factors, not the demanding 8 U.S.C. section 1252(f)(2) standard, govern a Court of Appeals' authority to stay an alien's removal pending judicial review.

Arizona v Gant : U.S Supreme Court, (04/21/09): Criminal Law: Search & Seizure. The Arizona Supreme Court's reversal of Defendant's drug conviction is affirmed, where police may search the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe that an arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest.

Corley v United States : U.S. Supreme Court, (04/06/09): Criminal Law. Confessions. Defendant's bank robbery conviction is vacated, where the District Court erred by denying Defendant's motion to suppress his confession under McNabb v. US, and Mallory v. US, based on the government's delay in bringing him before a judge, where 18 U.S.C. section 3501 modified McNabb-Mallory but did not supplant it.


Articles

Forensic Psychological Assessment : Article kindly provided by X-Pro member Dr Steven Shapse. Psychological assessment findings may be utilized for a variety of purposes in family, civil, criminal and clinical matters. Examples include clinical diagnosis, competency to stand trial, bail hearings, sentencing, and the establishment of impaired judgment or diminished capacity. In civil matters, findings assist in custody determinations, allegations of sexual abuse, and in the establishment of trauma or other psychic injury.


Events
6/02/09 (WI):

Coming Together - An Investigator's Toolbox An IAAI event comprising a General Session, a Basic Course and a Juvenile Fire Setter Course.

11/4-7/09 (PA):

Criminology & Criminal Justice Policy A conference organized by the American Society of Criminology that will take place over three days in Philadelphia.


In The News

5/03/09 (FL): Animation In The Court Interesting piece in the St Petersburg Times on how attorneys and experts are increasingly using video animations to help in their presentations to jurors. Click here for the link.


5/01/09 (UK): Phantom Cash Withdrawal Case Concludes European cash cards have superior security measures due to their unique 'chip & pin' characteristics, but perhaps this isn't as secure as we have been led to believe. A one-day trial has raised questions about the security of cash cards used in the U.K. and Europe, with a decision expected in about a month.


4/20/09 (CA): Military Judge Erred as Gatekeeper, Leading to Injustice After more than nine years locked up in prison, fighting to overturn his 1999 rape conviction, Sgt. Brian W. Foster finally won his freedom in February. But the battle to restore his military rank, pay, career and life is just beginning.


4/17/09 (IL): A New Law for Experts in Illinois? A law setting down guidelines for the use of expert witnesses in Illinois has been sent back to the State Senate's Assignment Committee. If passed, the law could change how trial lawyers fit expert testimony into their battle strategies.


4/13/09 (LA): Expert Says He Was Fired Over Proposed Testimony Louisiana State University is firing a leading hurricane scientist who was scheduled to testify as an expert witness in a case against the Army Corps of Engineers for their pre-Katrina work in New Orleans. Ivor van Heerden, who had been deputy director of LSU's Hurricane Center, says the school's former president, previously a Bush appointee, had earlier threatened to fire him if he testified.


4/10/09 (WI): Expert Toilet Evidence Should be Flushed, Say Defense Lawyers If you are a female about 5 foot 8, and willing to stick your head in a toilet, a Wisconsin prosecutor wants your help in proving a high-profile murder case. The Vilas County district attorney in Madison, Wisconsin plans to recruit volunteers for a second round of controversial tests designed to prove that a woman was drowned by her husband in a toilet - and didn't commit suicide as he claims.


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