Internet research by juror no basis for mistrial in Kentucky court

Juror’s research into definitions of culpable mental states did not affect criminal defendant’s substantial rights. Appellant Ross-Carter was convicted of child abuse and sentenced to six years in prison. She appealed her conviction on several grounds, one of them being that the trial court should have granted her a mistrial after one of the jurors … [Read more…]

Court wrongly took judicial notice of facts contained on government website

The Sixth Circuit has overturned the U.S. District Court for the Southern District of Ohio’s dismissal of a class action lawsuit against the City of Columbus, holding that the magistrate judge improperly considered evidence contained on the city’s website. The magistrate had taken judicial notice of the information contained on the website, but the Court … [Read more…]

Possibility that witness recordings would be uploaded to Internet no justification for withholding from press

In an order granting a journalist’s motion for the government to make available copies of tape recorded conversations that were introduced in a criminal trial, the U.S. District Court for the Eastern District of New York held that the likelihood of the tapes being broadcast over the Internet did not create significant or unique security … [Read more…]

Use of spyware doesn’t pay in Florida divorce proceeding

Evidence obtained through wife’s use of spyware on husband’s computer to obtain information about extramarital affair not admissible in divorce proceedings. Just in time for Valentine’s Day, we have a romantic case coming from Florida that interprets a provision of that state’s Security of Communications Act. The case originated in divorce court, and the appellate … [Read more…]