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Tag Archives: Evidence

Hearsay statements allowed in trial of conspirator (access required)

Where an ISIS member participated in a conspiracy that resulted in the 2014 deaths of hostages in Syria so that they were unavailable for criminal proceedings, out-of-court statements by the decedents were permitted under the forfeiture by wrongdoing hearsay exception. ...

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Audit of plaintiff’s business practices excluded at trial (access required)

Where an auto parts warehouse distributor sought to introduce a presentation by plaintiff, an automotive parts supplier, that discussed the results of the supplier’s annual audit of its business practices at trial, the presentation was excluded because the audit evidence ...

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‘Highly surveilled nation’: Judge denies geofence warrant in first-of-its-kind decision (access required)

Police officer investigating digital evidence

A judge has denied a request from the Fairfax County Police Department to issue a “geofence” search warrant in a motel shooting case. Such a warrant would allow a police department to request for Google to list any cellphones active ...

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No retroactive designation as ‘attorneys eyes only’ (access required)

Where defendants moved to retroactively designate documents as “attorneys eyes only” that showed one individual’s stake in non-party companies, his email address and payments made to him by other defendants, their motion was rejected because the information did not match ...

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Eli Lilly denied discovery for use in foreign proceeding (access required)

Where Eli Lilly subpoenaed Novartis in the Eastern District of Virginia seeking discovery for use in European patent disputes between the parties, but Novartis neither “resides” in nor “is found” in this district, the request was denied. Background Eli Lilly ...

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Experts may testify about what body security scans reveal (access required)

Where a woman was terminated on the suspicion that she smuggled contraband into a Virginia Department of Corrections, or VDOC, facility, but she claimed that what appeared to be contraband was a tampon, the VDOC expert may testify that the scan ...

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Inmates weren’t ‘in custody’ during prison interview (access required)

Even though incarcerated persons interviewed about safety following a stabbing were questioned in a separate location, isolated from the general prison population, restrained and not advised that they were free to leave, because of the totality of the circumstances, including ...

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Corporate officers can’t claim privilege over documents (access required)

Where former corporate officers who were sued for an alleged unlawful online lending scheme claimed privilege over documents between the company and its counsel, the argument was denied because the privilege was lost when control of the company passed to ...

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