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Virtual Reality Creating Jury Reality
FEATURED
January 7, 2025
Virtual Reality Creating Jury Reality
By: James Trusty
A Florida Judge may have unwittingly ushered in a new age of criminal justice, where slickly made virtual reality (“VR”) presentations turn judges and jurors into witnesses, and VR headsets provide subjective “testimony” in a powerful and difficult to challenge manner. Broward County Judge Andrew Siegel agreed to don a virtual reality headset in a preliminary proceeding[1] where the defendant was accused of aggravated assault. Miguel Albisu, the defendant, was accused of waving a gun at wedding guests and he claims self-defense. The defense hired an artist to create a “defendant’s perspective,” and the result is a historical first—the judge took in a defense expert’s testimony about self-defense that included a guided tour of the reality contained on a VR…
How Thick is the Blanket? – Preemptive Pardons as a Presidential Power
December 6, 2024
How Thick is the Blanket? – Preemptive Pardons as a Presidential Power
By: James Trusty
As the presiding judge scolded Hunter Biden’s attorneys this week, “The Constitution provides the President with broad authority to grant reprieves and pardons for offenses against the United States, U.S. Const. art. II, § 2, cl. 1, but nowhere does the Constitution give the President the authority to rewrite history.”[1] But what exactly is that history he claims is being re-written? Judge Scarsi was challenging…
Supremely Improbable
July 30, 2024
Supremely Improbable
By: James Trusty
President Biden’s pronounced objectives for Supreme Court “reform” are improbable, politically lifeless under a particularly lame duck presidency, and motivated by transparently November-driven calculations. But even if the proposed changes are doomed from the start, they push public discourse on a couple of issues that are red meat for the democrats. The stated reforms are superficially simple ones: 1) to “clarify” that “there is no…
No Attorney’s Fee Award for This Type of Prosecutorial Misconduct
September 22, 2011
No Attorney’s Fee Award for This Type of Prosecutorial Misconduct
By: Ifrah Law
The case of United States v. Shaygan recently made the news when the U.S. Court of Appeals for the 11th Circuit overturned a district court’s award of $600,000 in attorney’s fees to a defendant who was the victim of prosecutorial misconduct. The misconduct was indeed egregious — including recording conversations between a lawyer and a defense investigator, violating discovery orders, and vexatiously filing a superseding…
Prosecutors’ Misconduct Is More Than Just ‘Honest Mistakes’
September 8, 2011
Prosecutors’ Misconduct Is More Than Just ‘Honest Mistakes’
By: Ifrah Law
A federal judge in the District of Columbia recently ruled that the U.S. Department of Justice will be allowed to retry star pitcher Roger Clemens on perjury charges after a mistrial was declared earlier this summer when the prosecution made reference to inadmissible evidence in open court. The government claimed that its violation of court orders was done inadvertently and was not an instance of…
Judge Delivers Rebuke to Prosecutors in Sentencing NSA Official
August 17, 2011
Judge Delivers Rebuke to Prosecutors in Sentencing NSA Official
By: Ifrah Law
The recent sentencing of a government intelligence official saw a dramatic and unusual rebuke of the U.S. Department of Justice by a federal judge. Four years after searching the home of National Security Agency official Thomas Drake, who was suspected of illegally leaking classified information to a reporter, and more than year after actually indicting him on 10 felony counts, the government dismissed those charges…
Major FCPA Case in Jeopardy Because of Prosecutors’ Errors
August 5, 2011
Major FCPA Case in Jeopardy Because of Prosecutors’ Errors
By: Ifrah Law
In late June, U.S. District Court Judge Howard Matz of the Central District of California, the judge in the Foreign Corrupt Practices Act (FCPA) case against Lindsey Manufacturing Co. and two of its executives, invited both sides to submit briefs on the question of whether the defendants’ convictions should be dismissed. It had been revealed in post-verdict proceedings that the government violated a court order…
Is Unsealing False Claims Act Complaints the Right Answer?
August 3, 2011
Is Unsealing False Claims Act Complaints the Right Answer?
By: Ifrah Law
Companies should make vigorous efforts to unseal civil False Claims Act complaints against them earlier in the process in an effort to achieve better results, argues Michael K. Loucks, a former acting U.S. attorney for the District of Massachusetts who is currently a Boston-based partner in a major law firm. Loucks also co-authored a post on his firm’s website, further explaining why companies should take…
