This is not your usual “eyewitness identification” piece. The authors’ idea – using an ophthalmologist as an expert — is different. Before the witness viewed the lineup or other identification process, did the police officers inquire whether the witness had a prescription for corrective lenses? This is an area lawyers may not be exploring.

Important amendments to the Federal Rules of Evidence came into effect on December 1, 2023: Amendments to Rule 106 (rule of completeness), 605 (exclusion of witnesses) and 702 (testimony by experts). These amendments will bring significant opportunities and challenges for defense lawyers. This presentation will discuss how to avoid the challenges and how to capitalize on the opportunities presented by these amendments. We will also discuss amendments that are scheduled to become effective in 2024 as well as important evidence related cases pending before the United States Supreme Court.

Expert evidence is frequently exploited by prosecutors keen on securing a conviction regardless of the reliability of the expert or the expert’s methodology. Nowhere is this more prevalent than in forensic science. To combat this pervasive problem, defense lawyers need to have a thorough understanding of Federal Rule of Evidence 702 and companion rules. Rene L. Valladares and Hannah Nelson discuss the rules, summarize cases favorable to the defense, and provide useful checklists.

Comments to the Judicial Conference of the United States Practice & Procedure Committee regarding proposed amendments to Federal Rules of Evidence 106, 615, and 702.

The authors provide attorneys with guidance when selecting and consulting forensic mental health experts.

Reviewing Mental Health Assessment And Testing-Related Literature and Test Manuals Is a Key to Effectively Preparing And Examining Mental Health Experts

In Miller v. Alabama, the U.S. Supreme Court ruled that it is unconstitutional to automatically sentence individuals to life without the possibility of parole for a crime committed before their 18th birthday. A defense attorney has numerous strategic decisions to make when a defendant will be resentenced pursuant to Miller, such as whether to retain a mental health expert. Dr. Antoinette Kavanaugh explains the benefits of a forensically trained mental health expert, and she offers pointers to help prepare the clinician, defendant, and defendant’s family for the clinician’s evaluation.

Materials for arguing against government informant and ex parte discussions regarding the conspiracy and closing off discovery regarding the informant's statements regarding the alleged conspiracy.

NACDL amicus curiae brief in support of appellant Joseph P. Nacchio addressing the district court's refusal to allow the defendant to call an expert witness. On March 17, 2008, the court of appeals reversed the defendant's conviction finding that the exclusion of the defense expert was prejudcial error; the government petitioned for rehearing before the full court of appeals.