Absolute Immunity Puts Prosecutors Above the Law
By giving powerful law enforcement officials absolute immunity from civil liability, the Supreme Court leaves their victims with no recourse.
Evidence
Oklahoma Court Denies New Evidence Hearing for Death Row Inmate Richard Glossip
After the latest reprieve from the governor, he’s scheduled for execution in February.
You Do Not Need To Store Your Kids' DNA in Case of Emergencies
Fearmongering about mass school shootings leads to some dumb, privacy-threatening ideas.
School Choice Is Winning in Arizona—and Beyond
"There's a new special interest group in town: parents."
Some More on Expert Witnesses in Libel Lawsuits
Former Congressman Alan Grayson, now running for the Senate in Florida, is producing some interesting caselaw.
Judge Limits Discovery of Kevin Spacey's Past Romantic and Sexual Partners
“During discovery, plaintiff shall not inquire of the defendant concerning his prior sexual or romantic experiences ... with anyone unless the identity of the person ... has been disclosed by the [person] or otherwise become public, in either case in connection with a claim, published report in mainstream media, or public allegation that any such sexual or romantic experience or encounter was not in all respects consensual.”
Defendant Says He'd Never Try to Have Nonconsensual Sex; Is Accusation from When He Was 15 Admissible in Response?
Bonus fact: The majority opinion was written by a male judge, joined by three female judges (one of them a former sexual assault prosecutor). The dissent was written by a male judge.
OK to Use Evidence Indirectly Obtained Using Facial Recognition Software
The results of facial recognition software might not be admissible evidence—but the police are allowed to use them to generate admissible evidence.
Interesting Official Privilege Case,
stemming from a dispute about picketing and open carry.
New York Is Ringing In the New Year With Major Criminal Justice Reforms
Less dependence on bail and stronger requirements for evidence sharing will help defendants fight charges.
N.M. Abolishes Marital Communication Privilege, Based in Large Part on Feminist Arguments
New Mexico will apparently now be the only state in which spouses may generally testify about confidential statements made during the marriage.
"Your Honor, My Stomach Just Naturally Produced Alcohol"
"Auto-brewery syndrome" (or "gut fermentation syndrome") is apparently a thing -- but, the Maine high court says, the judge permissibly excluded a particular expert who wanted to testify this thing might have happened in this case.
D.C. vs. the Wide Open West
The relationship between the people who inhabit those spaces and their distant and often distrusted imperial government.
This Man Is on Death Row for Killing a 6-Month-Old. But What If We're Wrong About Shaken Baby Syndrome?
A controversial medical examiner, exaggerated testimony, and bad forensics branded Jeffrey Havard a rapist and a baby killer.
Can the 'Automobile Exception' Run Over the Fourth Amendment?
Justices hear challenge to Virginia court's expansion of warrantless vehicle searches.
The Trouble With Skin-Cell DNA Evidence
"Touch DNA" evidence can easily implicate the wrong person, yet police are increasingly relying on it.
What Evidence Would Persuade You That Man-Made Climate Change Is Real?
Scientific evidence does not mandate any particular policy.