The Challenge of Proving Negligent Spoliation in IllinoisBy Joseph K. NicheleSeptember 2016Article, Page 32It's hard for plaintiffs to plead and prove claims for negligent spoliation of evidence. Here's why it's important - and difficult - for plaintiffs to establish a duty to preserve evidence.
DNA Evidence and the Confrontation Clause after People v. BarnerBy Julia Kaye WykoffAugust 2016Article, Page 36Supposed the prosecution's expert testifies about a lab report conducted by a scientist the state didn't call. Is the defendant's right to confront adverse witnesses violated? Not if the report was done for reasons other than proving the defendant's guilt.
The Perils of Witness PrepBy Ed FinkelMay 2016Article, Page 20Lawyers owe it to clients to thoroughly prepare witnesses to testify. On the other hand, they have a duty not to present false evidence. Here are best practices for ethical-yet-effective witness preparation.
Judging Forensic ScienceBy Hon. Ron D. SpearsNovember 2015Column, Page 48Lawyers and judges have been slow to acknowledge the limitations of forensic science.
The Provisional Admission of Parol Evidence?By Aaron T. DozemanMay 2015Article, Page 34The 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-FindersBy Hon. Ron SpearsFebruary 2015Column, Page 44More judges are being asked to allow expert testimony about eyewitness ID and confessions.
When Criminal Evidence Goes MissingBy Colby G. HathawayOctober 2014Article, Page 490What 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 CaseBy James P. LoobyAugust 2014Article, Page 390Under 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 EvidenceBy Ed FinkelJune 2014Article, Page 276Can 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 CaseBy Scott GilbertMay 2014Article, Page 232How 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.
Silence as Self-Incrimination after Salinas v. TexasBy Robin B. MurphyApril 2014Article, Page 184After 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.