Illinois Bar Journal


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Articles on Evidence

Judging Forensic Science By Hon. Ron D. Spears November 2015 Column, Page 48 Lawyers and judges have been slow to acknowledge the limitations of forensic science.
Litigation about litigation: Barred by absolute attorney litigation privilege November 2015 Illinois Law Update, Page 20 On July 8, 2015, the first district affirmed dismissal of the O'Callaghans' complaint against Satherlie and Kopka as barred by the absolute attorney litigation privilege.
Report: State police crime lab’s toxicology testing methodology flawed By Matthew Hector November 2015 LawPulse, Page 14 According to a news report and a criminal defense lawyer, internal audits of the Illinois State Police crime lab's toxicology section reveal fundamental problems with the section's testing methodology.
Using Expert Testimony to Make the Case for Grandparent Visitation By Michael K. Goldberg October 2015 Article, Page 38 Thanks to a recent Illinois Appellate Court case, grandparents have a roadmap for using expert testimony to win court-ordered visitation with their grandchildren.
Don’t let opponents bury their own experts’ testimony September 2015 Article, Page 22 Use the "missing witness" jury instruction to smoke out helpful testimony by your opponent's expert.
Proposed rule would require prosecutors to reveal post-conviction exculpatory evidence By Matthew Hector September 2015 LawPulse, Page 12 Under a proposed change to the Rules of Professional Conduct, Illinois prosecutors would have to disclose credible post-conviction evidence that a person found guilty is in fact innocent.
Missing Video Evidence in DUI Cases: The Post-Kladis Evolution By Sean A. Brown August 2015 Article, Page 28 You file for discovery of the police video of your client's DUI arrest only to find that it was erased after you requested it. Will the court grant your motion to bar testimony about what was on it?
Police officer’s noncompliance with section 30(c) of the State Police Act does not warrant evidentiary exclusion August 2015 Illinois Law Update, Page 16 On June 5, 2015, the Second District of the Appellate Court held that a police officer's failure to comply with section 30(c) of the State Police Act does not trigger the evidentiary exclusion of the officer's testimony at trial.
Accountant holds accountant-client privilege, which is not subject to testamentary exception June 2015 Illinois Law Update, Page 16 On March 19, 2015, the Illinois Supreme Court held that the accountant-client privilege in the Public Accounting Act is held by the accountant and is not subject to the testamentary exception.
Illinois high court declines to create new evidentiary privilege By Matthew Hector May 2015 LawPulse, Page 10 Creating a new critical-self-analysis privilege is the job of the legislature, not the judiciary, the Illinois Supreme Court rules recently.
Judicial Notice in the Internet Era By Daniel Myerson May 2015 Article, Page 30 The Internet has made vast amounts of information available, and judicial notice can put it into the record - within limits.
No Surprises: Basics of Controlled Expert Witness Disclosure By Tiffany Riggs and Tim Hammersmith May 2015 Article, Page 40 No matter how convincing your experts, their testimony may be for naught if you fail to make timely and appropriate disclosure of their identity under Rule 213(f)(3).
The Provisional Admission of Parol Evidence? By Aaron T. Dozeman May 2015 Article, Page 34 The four corners rule bars admission of parol evidence to interpret contracts unless they're ambiguous. But in rare cases, the provisional admission approach might allow such evidence.
Flawed Facts and Fact-Finders By Hon. Ron Spears February 2015 Column, Page 44 More judges are being asked to allow expert testimony about eyewitness ID and confessions.
What Research Shows About Hearsay Evidence By Caroline Ackerman and Shawna Boothe January 2015 Article, Page 36 It turns out that jurors are more skeptical of hearsay than many lawyers and judges think.
When Criminal Evidence Goes Missing By Colby G. Hathaway October 2014 Article, Page 490 What happens when police destroy evidence or prosecutors don't disclose it? This article explains when defendants can claim due process violations and seek discovery sanctions.
Using a Police Report to Help Prove Your Civil Case By James P. Looby August 2014 Article, Page 390 Under the right circumstances, you can help prove or defend your civil case by using the investigating police officer's report as a past recollection recorded.
Building Your Case with Social Media Evidence By Ed Finkel June 2014 Article, Page 276 Can you get the other side's damaging Facebook posts into evidence? How do you make sure they don't vanish? Here's a look at emerging principles and best practices.
Choosing an Economist for Your Personal Injury Case By Scott Gilbert May 2014 Article, Page 232 How can you tell whether economist-experts' damages estimates will help or hurt your case? You'll find important clues by looking at how they make a few key calculations.
Police can search handcuffed arrestee’s luggage, high court rules By Janan Hanna April 2014 LawPulse, Page 162 The Illinois Supreme Court rules that police can search an arrestee's luggage after he was handcuffed on a civil warrant for failure to pay child support.
Silence as Self-Incrimination after Salinas v. Texas By Robin B. Murphy April 2014 Article, Page 184 After Salinas, non-custodial suspects must expressly invoke the right to remain silent, or silence can be held against them. But in Illinois, state law provides some evidentiary protection.
Definitely Maybe: Understanding Expert Testimony on Causation By Eugene G. Doherty October 2013 Article, Page 518 An expert can testify with "reasonable certainty" that the defendant's negligence "might" have caused the plaintiff's injury. Lawyers should understand the difference between these concepts.
Electronic Medical Records: Metadata As Evidence in Litigation By James G. Meyer, Jonathan P. Tomes, and Lee Neubecker August 2013 Article, Page 422 Unlike paper files, electronic medical records contain autogenerated metadata that can make or break a case. Here's what to look for.
Facebook: What Family Lawyers Should Know By Adam C. Kibort July 2013 Article, Page 344 A look at Facebook-related issues that arise during divorce and suggestions for advising your clients.
New Limits on Subject Matter Waiver of Attorney-Client Privilege By Hon. Gino L. DiVito, Brian C. Haussmann, and John M. Fitzgerald July 2013 Article, Page 348 Illinois Rule of Evidence 502 and the Center Partners decision mean fewer business discussions fall outside attorney-client privilege.
A Guide to the Confrontation Clause By Geoffrey Burkhart June 2013 Article, Page 304 When does the Sixth Amendment require prosecutors to produce a live witness rather than an out-of-court statement against a defendant? Here's a look at the latest developments.
SCOTUS rules warrantless dog-sniff search of home unconstitutional By Adam W. Lasker May 2013 LawPulse, Page 222 Unlike an earlier decision this term that allowed dog-sniff evidence from a traffic stop, Jardines holds that the dog-sniff search of a front porch requires a warrant.
Admissibility of Dog-Sniff Evidence: Evaluating Probable Cause after Florida v. Harris By David J. Robinson April 2013 Article, Page 194 In Harris, the U.S. Supreme Court held that dog-sniff evidence can be admissible even if prosecutors do not lay a detailed foundation that the dog is well trained.
Developments in the Duty to Preserve Evidence By Professor Jeffrey A. Parness March 2013 Column, Page 152 Two recent cases shed light on spoliation claims in Illinois.
A Primer on Medical Records as Evidence By Brion Doherty February 2013 Article, Page 82 Knowing how and when medical records are admissible in a p.i. trial means understanding the business records hearsay exception.