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Implied Threat on Facebook Insufficient to Support Stalking Conviction

Last month, the Massachusetts Supreme Judicial Court (SJC) held that a Facebook profile may constitute a “threat” within the meaning of the Massachusetts stalking statute. However, a profile that is merely “vaguely ominous or...more

Challenging So-Called “Objective” Psychological Tests: The Use And Abuse Of Psychological Testing In Trials, Sentencing, Parole...

Criminal and civil courts and the New Jersey State Parole Board have accepted the use of psychological testing as an important component of making legal and factual determinations in both the civil and criminal litigation and...more

Supreme Court Update: Jennings V. Stephens And Order List

Greetings, Court fans! We're back with breaking news on the certiorari front, along with a summary of one of Wednesday's decisions, Jennings v. Stephens (13-7211), on the application of certain longstanding principles of...more

NJ Assembly Passes Crime-Fraud Exception to Spousal Privilege

On December 15, 2014, the NJ Assembly passed legislation that would create a crime-fraud exception to the spousal privilege. The measure, A-3636, was a response to the decision in State v. Terry. In the case, a married couple...more

Supreme Court Update: Carroll V. Carman (14-212), Johnson V. City Of Shelby (13-1318) And Order List

Greetings, Court fans! We're back with decisions two and three of OT14 (did you already forget about Lopez v. Smith?) as well as last week's news of cert petitions granted and likely to be granted. Police officers...more

Virginia Supreme Court Opinions Affecting Local Government Law: October 31, 2014

Happy Halloween! The Virginia Supreme Court issued opinions on Halloween this year. A complete coincidence, but I do hope that nothing in this term’s opinions has scares you! This term resulted in two cases related to...more

Revised Rules for Rock County Circuit Court (Wisconsin)

These are the revised local court rules for Rock County Circuit Court, in Rock County, Wisconsin. ...more

Be Smart with Your Phone

Look around any conference room, coffee shop or elevator and you will find almost everyone has their smart phone in hand or nearby. While these hand-held devices are still used for talking on the phone, they are also used for...more

10 Annoying Attorney Traits

10 bad habits of attorneys...more

I was just served with a notice to appear at a hearing concerning a restraining order against me, what should I do?

If you have just been served a notice about a restraining order, you should read this post, and fast! Contact: George E. Bourguignon, Jr., Esq. Phone: (508) 769-1359 or (413) 746-8008 Email: ...more

Exemption From Criminal Liability Of Family Members For Certain Crimes

Article II Section 12 of the Constitution provides that the State shall protect and strengthen the family as a basic autonomous social institution. As a policy of the State, it is the duty of the State to fortify the union of...more

Hamilton v. Lethem

Petitioner's Application for a Writ of Certiorari

Although the focus of our blog is land use and related topics, our practice involves more than that -- we also take appeals in other areas of law that present unsettled or untested questions. Here's the latest example, a...more

California Supreme Court's Workload Continues to Increase

The California Supreme Court has released its annual report describing the operations of the Court from 2009 to 2010. The Court issued 105 opinions in this period, 42 of which were in civil cases. However, this does not...more

Hearsay & Custody: Parents Testifying For Their Kids

Everyone thinks they know what hearsay is. But, few lawyers and judges truly understand the concept, and even fewer understand how it can be admitted as evidence. Hearsay is an out of court statement offered for the...more

Children & Testimony: Why It's Good For Kids to Testify In Court

Children are often witness to a number of things that happen between adults. Sometimes they are the only witness. This document discussing the issues with children testifying in open court, and why it often helps them,...more

Walter Honeycutt

Motion in Limine

Criminal Law Motion in Limine...more

Divorce In Tennessee - A Start

A summary of what to expect during divorce in Tennessee at the initial steps....more

How to use research on religious affiliation at trial

This article reviews the social sciences research on religion and discusses how attorneys can use this information in voir dire and case presentation. Three experienced ASTC-member trial consultants weigh in and the authors...more

Helping Witnesses Remember More

Basic psychological research shows that you can help your eye witnesses to remember more using a simple strategy: have them close their eyes! Read about how this works and see experienced ASTC-member trial consultants...more

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