Evidence, Intent | JD Supra

One Sheet To Rap Sheet: Evaluating Proposed Federal Rule For Using Lyrics & Creative Writing To Prove Crimes

International Lawyers Network on 8/30/2024

In a list of Music Industry Terms Every Artist Should Know, “One Sheet” is defined as a “single-page document that highlights an artist’s new music and summarizes their bio, stats, and achievements. It’s given to media,...more

Junk Science or Relevant Evidence: Supreme Court Says Experts May Now Aid in Determining Criminal Intent

Miller Canfield on 6/24/2024

In criminal cases, oftentimes the most significant element in dispute is whether the defendant harbored the intent to “knowingly” or “willfully” violate the criminal law at issue. If the defendant denies that he knew what he...more

U.S. Supreme Court Allows Prosecutors a Game-Changing Weapon: Broad Expert Testimony on Criminal Intent

Benesch on 6/24/2024

Federal Rule of Evidence 704(b) provides that experts in criminal cases cannot state an opinion about the defendant’s mens rea. That is, the expert must not state an opinion about “whether the defendant did or did not have a...more

Amber Heard, Johnny Depp, & Metadata

TransPerfect Legal on 6/21/2022

Thanks to the trial between Amber Heard and Johnny Depp, we have a timely reason to talk about e-discovery metadata. What happens on the rare occasion when forensic data collections and trials of cultural relevance overlap?...more

Texas Statutes Now Allow A Court To Modify Or Reform An Unambiguous Will

Winstead PC on 6/7/2019

I. Introduction Historically, Texas courts could not resort to extrinsic evidence to construe an unambiguous will. San Antonio Area Foundation v. Lang, 35 S.W.3d 636 (Tex. 2000)....more

Five Surprising Facts About the Inclusive Communities Case

Dorsey & Whitney LLP on 8/26/2015

In the Supreme Court’s recent, landmark decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. ___, 2015 WL 2473449 (Jun. 25, 2015), the Court held that, while disparate...more