New Jersey v. Henderson
On August 24, 2011, the New Jersey Supreme Court issued a ruling that revamps the way courts in the state will treat eyewitness identifications. The first of two major revisions announced in the unanimous 142-page ruling provides that if a defendant can show police meddled in the eyewitness identification process through suggestiveness or any other intervention, the court must hold a pretrial hearing. The second major change will be a more tailored set of jury instructions that delineate circumstances known to diminish the reliability of eyewitness identification (these include cross-racial identification, level of stress, use of a weapon, etc.). In the more than 250 conviction overturned because of DNA evidence, 73 percent were attributable to misidentifications by eyewitnesses. According to NACDL Past President Barry Scheck, of the Innocence Project Inc., anticipates that “This decision will ultimately affect every state and federal court in the nation.”
Read the New Jersey Superior Court, Appellate Division's Decision, November 13, 2007
Perry v. New Hamphshire
Issue Presented: Do the due process protections against unreliable identification evidence apply to all identifications made under suggestive circumstances or only when the suggestive circumstances were orchestrated by the police?
A Defender’s Guide to Federal Evidence: A Trial Practice Handbook for Criminal Defense Attorneys
This Guide to Federal Evidence is the only federal evidence handbook written exclusively for criminal defense lawyers. The Guide analyzes each Federal Rule of Evidence and outlines the main evidentiary issues that confront criminal defense lawyers. It also summarizes countless defense favorable cases and provides tips on how to avoid common evidentiary pitfalls. The Guide contains multiple user-friendly flowcharts aimed at helping the criminal defense lawyer tackle evidence problems. A Defender’s Guide to Federal Evidence is an indispensable tool in preparing a case for trial.
Modern Digital Evidence & Technologies in Criminal Cases
Modern cases need modern defenses, and modern lawyers can't practice with an outdated playbook. This program is a contemporary training that identifies emerging technologies and digital evidence encountered in today's criminal cases and arms you with the tools necessary to combat expert witnesses, prosecutorial overreach, and an uneducated judge and jury. This comprehensive CLE program covers both general aspects of new technologies as well as practical courtroom application and legal challenges to the use of these new technologies.
Top Shelf DUI Defenses: The Law, The Science, The Techniques (2021)
If you are serious about being an effective DUI defense advocate, or if you’re considering adding DUI defenses to your portfolio, you need to know the latest scientific and legal strategies to optimize your success at trial. Learn from the best-of-the-best in the field in this unique CLE Program, updated for 2021.
Defending Modern Drug Cases (2021)
From challenging the arrest and seizure to picking a jury and cross-examining police officers, defense attorneys handling drug cases must be able to construct a defense that will increase the chances of the client getting a positive result for your client.
Effective motion practice, juror selection, and storytelling have never been more important. This seminar will introduce defense counsel to techniques that have been used at recent drug trials to rebut specific claims and overcome the emotion created in today’s criminal legal system.