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Criminal Prosecution Expert Witness

J.S. Held

The Case for Neurodevelopmental Expertise in the Courtroom

J.S. Held on

The boundary between adolescence and adulthood is a construct of societal and legal importance, particularly when considering legal culpability. Given the potential legal ramifications, the placement of such a boundary should...more

Cooley LLP

A Sword and A Shield: How SCOTUS Expert Testimony Rulings May Benefit Corporate Defendants

Cooley LLP on

The US Supreme Court decided several criminal procedure cases during the 2023 – 2024 term – including Diaz v. United States, 144 S. Ct. 1727 (2024) and Smith v. Arizona, 144 S. Ct. 1785 (2024) – which have relevance and...more

Holland & Knight LLP

Supreme Court's Decision in Diaz Could Be a Boon for Criminal Healthcare Fraud Defendants

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A defendant's mens rea, or intent, is almost always a contested element in a criminal prosecution, particularly in criminal healthcare fraud cases that frequently arise out of complex legal and regulatory regimes....more

Miller Canfield

Junk Science or Relevant Evidence: Supreme Court Says Experts May Now Aid in Determining Criminal Intent

Miller Canfield on

In criminal cases, oftentimes the most significant element in dispute is whether the defendant harbored the intent to “knowingly” or “willfully” violate the criminal law at issue.  If the defendant denies that he knew what he...more

Dorsey & Whitney LLP

The Supreme Court Update - June 20, 2024

Dorsey & Whitney LLP on

The Supreme Court of the United States issued four decisions today: Moore v. United States, No. 22-800: This case concerns the constitutionality of the Mandatory Repatriation Tax (“MRT”) included in the 2017 Tax Cuts and...more

Butler Snow LLP

Pro Te: Solutio – Vol. 12, No. 3

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Summer is winding down, and Fall texted to say she is on her way. This means that Pro Te: Solutio is returning for its third edition of 2019. As always, our authors have taken the time to research and address current issues...more

White & Case LLP

Witness for the prosecution – the problem of expert witnesses in criminal trials

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Many will be aware of Agatha Christie's popular and much-adapted tale involving a witness for the prosecution whose evidence is undermined. But, in the real world, last month we saw the latest discrediting of an expert...more

Sands Anderson PC

Wrongfully Convicted Man Threads the Needle: Virginia High Court Grants Writ of Actual Innocence

Sands Anderson PC on

Generally speaking, Virginia criminal defendants who want to challenge their convictions have only a few options. None of them are very good. They have 30 days from the date of their conviction to appeal to the Virginia Court...more

Ballard Spahr LLP

Colorado Judge Unseals Psychiatric Expert Reports in Aurora Theater Shooting Case

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Judge Carlos E. Samour, Jr., on June 29 ordered unsealed the court filings surrounding psychiatric evaluations of James Eagan Holmes, the man convicted of killing 12 people and wounding 70 others in the Aurora, Colorado,...more

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