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Criminal Law

Expert authentication not needed for cellphone data extraction (access required)

Testimony from a Department of Homeland Security intern about how he extracted cellphone data was not improper opinion testimony, and did not require expert testimony for authentication purposes. And the district court did not commit plain error by concluding a ...

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Ex-lawyer convicted for ‘consigliere’ role in drug organization (access required)

A former lawyer who was prosecuted for his role as “consigliere” in a multi-state marijuana trafficking organization had his convictions for money laundering and obstruction of justice upheld. The convictions were based in large part on inculpatory recorded conversations he ...

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Any error regarding autopsy report’s admission was harmless (access required)

Even assuming without deciding that an autopsy report was testimonial and that defendant had a right to confront the report’s author at the preliminary examination, any error caused by the author’s absence was harmless. The author of a forensic pediatric ...

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Victim’s recollection of assault wasn’t based on therapy (access required)

Although a defendant was not aware that the victim had undergone Eye Movement Desensitization and Reprocessing therapy until after his trial was completed, he was not entitled to a new trial based on after-discovered evidence because the victim had been ...

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Confession by defendant on pain medication not coerced (access required)

Police officers did not coerce a defendant’s confession when they arrested him immediately upon his discharge from the hospital and began their questioning shortly after he had taken pain medication. Background On Dec. 27, 2015, Andre Marquise Harris was admitted ...

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