Blog Jay Leiderman Law

Category Archives: evidence

Prior to trial, petitioner believes, the court warned the defense attorneys something to the effect of: “This trial is not going to be about police and prosecutorial misconduct.”  The defense was on notice that their entire case plan of putting the system on trial was not to be presented to the jury.  Thus, petitioner was […]

Hearing scheduled in Andrew Luster’s appeal of rape sentence An attorney for convicted rapist Andrew Luster, an heir to the Max Factor cosmetics empire, said a hearing is scheduled for Dec. 17 to set dates and times when legal motions surrounding Luster’s appellate court issues will be heard. Attorney Jay Leiderman said Monday that Luster […]

Why We Can Stop Missiles But Not Hackers Hackers present both the public and private sector with some very unique challenges. Unlike traditional threats, which are often presented in very black and white terms, hackers are notoriously adaptable to new security measures and tend to discover vulnerabilities as fast as developers can fix them. Their […]

The United States Supreme Court has held that the Sixth Amendment requires “at a minimum, that criminal defendants have . . . the right to put before a jury evidence that might influence the determination of guilt. [Citations.]” (Pennsylvania v. Ritchie (1987) 480 U.S. 39, 56.)  Exclusion of necessary defense evidence is subject to due […]

The trial court did not err by failing to conduct a Kelly hearing on the reliability of fingerprint evidence.  Defendant argued the trial court erred when it admitted fingerprint evidence connecting him to the crimes because the scientific community has rejected the reliability of fingerprint evidence. However, fingerprint evidence is not subject to a Kelly […]

 

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