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Windypundit

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Legal

Haiduk Steps Up On Possession

December 15, 2015 By Mark Draughn Leave a Comment

Kane County criminal defense lawyer Matt Haiduk has posted a response to my earlier post about the strangeness of the crime of possession, in which he address both of my scenarios and makes a few additional points.In response to my hypothetical stranger-hands-me-a-duffle-bag scenario, Matt has some legal advice: From a strictly legal standpoint, you need to drop all that … [Read more...] about Haiduk Steps Up On Possession

Jennifer Connell Is Not Really a Monster For Suing Her 8-Year Old Nephew

October 14, 2015 By Mark Draughn Leave a Comment

Folks on the internet have been a bit outraged at a woman who sued her 8-year nephew: Jennifer Connell claims the boy, Sean Tarala of Westport, acted unreasonable when he leaped into her arms, causing her to fall on the ground and break her wrist four years ago. This week Connell is asking a six-member Superior Court jury to find the boy liable for his actions.She is … [Read more...] about Jennifer Connell Is Not Really a Monster For Suing Her 8-Year Old Nephew

An Attempt to Explain High Sensitivity Analysis in Collins

July 28, 2015 By Mark Draughn Leave a Comment

Both Jeff Gamso and Scott Greenfield have written about Brooklyn Supreme Court Justice Mark Dwyer’s opinion in People v. Collins discussing the admissibility of a certain type of DNA analysis in a criminal case. Since I have an amateur's interest in both science and criminal law, I thought it might be interesting to read the actual opinion.Surprisingly, despite the … [Read more...] about An Attempt to Explain High Sensitivity Analysis in Collins

Better Data Seizure in the Digital World

July 16, 2015 By Mark Draughn Leave a Comment

Scott Greenfield has an interesting post about how much computerized data the government is allowed to seize when serving a warrant. Current practice is to seize it all and do whatever they want with it. Orin Kerr had proposed allowing the government to continue to seize all the data but putting restrictions on the use of that data so that only data responsive to the warrant … [Read more...] about Better Data Seizure in the Digital World

A Rule Made To Be Broken

May 7, 2015 By Mark Draughn Leave a Comment

There's an interesting bit of detail in this post about legal tech from Brian Tannebaum, talking about the policies governing electronic devices brought into the courtroom: In the Southern District of New York, you can bring in one device, but if you are not a member of the SDNY Bar, you have to file a motion to bring in your one device. Pick your poison - cell phone, iPad, … [Read more...] about A Rule Made To Be Broken

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