Articles Posted in Federal Rules of Evidence

Evidence? We don’t need no stinking Evidence!!
Kish Law LLC

Our friendly federal court of appeals here in Atlanta issued a recent opinion about evidence in a case arising out of a federal prosecution that reminded me of the funny quote from Blazing Saddles (and earlier movies and stories) about how the bad guys “don’t need no stinking badges.”  For the evidence geeks out there, the…

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The Always Confusing “nolo” Plea Comes Up in a Federal Criminal Case
Kish Law LLC

As a criminal defense lawyer I often get questions as to whether there is a difference between a “regular” guilty plea and a “nolo” plea.  Technically, the latter is from the Latin phrase, “nolo contendre”, more or less translating into “no contest.”  A few days ago the United States Court of Appeals for the Eleventh…

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It Must Be True: It’s on the Internet!–Federal Court Reverses Criminal Case Because Russian Social Media Page Not Properly Authenticated
Kish Law LLC

People who have the misfortune of finding this blog know that I like to write about the intersection of the modern tech-filled world with older rules that govern criminal cases, rules like the Fourth Amendment and the like. The United States Court of Appeals for the Second Circuit recently reversed a federal criminal case out…

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Confrontation Clause Debacle: Supreme Court Muddies the Water by Ruling That Report on Which Expert Relied Need Not Be Admitted or Subject to Cross-Examination
Kish Law LLC

One of the few bright spots in the Supreme Court’s criminal law cases over the past few years has been the resurgence in emphasis on the protections afforded by the Sixth Amendment’s Confrontation Clause. However, yesterday in a badly fractured 5-4 decision, the High Court took a step backwards, or maybe even sideways. The case…

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Phaknikone: Eleventh Circuit Holds Myspace Profile Photographs Inadmissible Character Evidence, but Harmless Error
Kish Law LLC

Yesterday, the Eleventh Circuit, which hears appeals from federal cases here in Atlanta, held in U.S. v. Phaknikone that profile photographs from the criminal defendant’s Myspace account were inadmissible evidence of character. The government argued that the photos demonstrated modus operandi: the defendant’s gangsta style as shown in the photographs identified the defendant because he…

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