November '08
www.xprolegal.com

USA NEWSLETTER JUNE 2008

Welcome back! We've been busy over the past few months giving the X-Pro site an exciting new facelift. The same features are all there but the look of the site will definitely be changed for the better. Our new look will be launched soon and we'll keep you posted. Our $60 annual membership offer is about to be withdrawn so hurry if you want to take advantage of this great offer. We hope you enjoy this month's edition of 'X-Pro News'.

Law

The New Federal Rule of Evidence, Rule 502 Click on the link for a useful online article. Every litigation attorney should know the implications of this legislation passed into law on September 19. Click here to download the Rule in Pdf. format.

Emergency Economic Stabilization Act 2008 After all the debate this was the final draft passed into law by Congress and signed by President Bush. An Act that ultimately affects everyone - no question.

Moore v United States No.07-10689 (U.S.Supreme Court) Criminal procedure, Sentencing, Drugs. The Court reversed a sentence for possession of cocaine base with intent to distribute and the case was remanded where the district court's statements during sentencing showed that it did not think it had the discretion, which was later upheld by the Supreme Court in Kimbrough v. U.S., to reject the Guidelines' crack-to-powder cocaine sentencing ratio.

Berg v Obama (U.S. Dist. Ct., E. Dist. Penn., Oct. 24, 2008) Dismissal of case challenging Presidential candidate's eligibility. The Plaintiff, a Clinton supporter, was determined that Barack Obama should not be allowed to run based on ineligibility through allegedly not being born in the U.S.A.


Articles

States Wrestle With Immunity Expert contributor Robert Ambrogi summarizes the position of experts' civil immunity in the U.S. Note: There are no hyperlinks from the quoted cases. If you are interested in looking at them in more detail just cut and paste into a Google search.

Go Tell It To The Jury - Persuading Jurors in a Civil Court. Not an in-depth piece but useful pointers from Canada on how lawyers who may not be used to dealing with juries get the job done in civil claims.


Events
11/12-15/08 (MO): American Society of Criminology Annual meeting. Some last minute spaces are available. The venue is the Hyatt Regency, St.Louis.
11/11/08 (CA): Expert Witness Workshop The L.A Bar have organized a workshop will provide attendees with introductory and advanced instruction on how to use expert witnesses in civil and criminal actions, with special emphasis on expert testimony.
11/20-21/08 (TX): Problem Solving Techniques for Fire Investigations Event run by the International Association of Arson Investigators. James R. Allen will be presenting up-to-date information on how to use NFPA 921 to your advantage when preparing to give expert testimony on the origin and cause of a fire.
12/2-4/08 (London, U.K): From Failure to Understanding Insitute of Civil Engineers - International Conference on forensic engineering that will focus on moving from failure to understanding of built environments in order to help with managing sustainable life-time performance of constructed assets.

In The News

29/10/08 (Iraq): Expert Evidence in a War Zone In the first case of its kind, an Iraqi judge Tuesday convicted an Iraqi man of abducting, torturing and killing two American soldiers in the summer of 2006.


10/20/08 (CAN): Unprecedented HIV Murder Trial Gets Under Way The unprecedented murder trial of a man accused of having unprotected sex with numerous women despite knowing he carried the virus that can lead to AIDS has begun with the prosecution saying he lied to his partners about his health status.


10/17/08 (CA): Spector Retrial - So Hollywood Thirteen months after jurors deadlocked in the music producer's murder trial, jury selection begins for the second go-round. He faces 18 years in prison if convicted of killing actress Lana Clarkson. Link to the LA Times piece.


10/17/08 (LA): Expert's Exclusion Leads To Acquittal In Dog Fight Case A 15th District Court judge has acquitted two men of 48 counts of dog fighting. The judge said a state prosecutor failed to provide substantial evidence of their involvement in the illegal sport. Floyd Boudreaux, 74, and his son Guy Boudreaux, 44, were on trial for three days for the charges after being arrested more than three years ago.


10/11/08 (OH): Ohio Criminal Discovery Rules To Be Expanded Members of the Ohio Prosecuting Attorneys Association have reached agreement on a proposal to adopt federal discovery rules for criminal cases, said Champaign County Prosecutor Nick Selvaggio, president-elect of the OPAA.


10/06/08 (USA): Police Becoming Computer Experts Article from the 'Officer.com' website highlighting how more officers are becoming computer experts in their own right. A interesting read.


10/03/08 (GA): Medical Expert Testifies In Patient Deaths Case Suspended physician Spurgeon Green Jr. provided sub-standard care, including prescribing and dispensing powerful narcotics, that led to the death of three patients, a medical expert testified today in federal court.


09/14/08 (UK): Climate Change Chicanery The last time we ran a climate change story we were swamped with emails - many agreeing with climate change sceptics, whilst others questioned the sanity of the British judge that had the temerity to question some of Al Gore's theories. This one is nothing to do with us - we just thought it made interesting reading so no expressions of outrage please!


09/11/08 (NY): Court's Decision Allows Social Science Expert to Testify This one could have been placed under our 'Law' section, but an interesting blog commentary here on the 2nd Circuit's recent decision in United States v Joseph


09/11/08 (CO): Supreme Court Censures Judges Colorado's Supreme Court has censured two former prosecutors for failing to turn over information to attorneys for a man who served 10 years in prison on a first-degree murder conviction before he was freed.


09/10/08 (AUS): Interesting Australian Ruling on Planning Experts In welcome news for developers that will surely have councils up in arms, a judge of the Land and Environment Court in Australia has turned decades of Land and Environment practice and procedure on its head, by ruling that council staff / employees such as council planners are biased and therefore prevented from being expert witnesses in Land and Environment Court cases. Their opinions will be excluded.


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