Posted On: March 26, 2011

The Jury Expert Has a New Look

The people at The Jury Expert are excited about moving to a new platrorm, Wordpress, where they can incorporate a new look and possibly some new features as well. Below is their e-mail announcing the change and providing links so you can see for yourselves. Take a look:

The e-mail:

We are too excited to wait until our next issue to get this announcement out! The Jury Expert has moved to a WordPress platform and we are ready for our close-up. We invite you to visit and see how much easier it is to find what you're looking for on our new site. One of the benefits of our new platform is we can use categories (see the right-hand side of the webpage for the category drop-down menu) to help you find what you need.

Want witness preparation? Visit our witness preparation category and find everything we've published from basic how-to's, to the implications of the Cendant ruling, or to preparing tough witnesses like narcissists.

Want voir dire? We have everything in our voir dire category from best practices for paper and pencil organization to cognitive organization strategies or to the new iPad apps.

Want technology? Visit our technology and visual evidence categories for everything from forensic animations to the iPad to RSS to persuasive ways you can use visuals to communicate your message. or

Want the latest on bias, gender, race, the internet? You know where to go. We have categories on all those topics and more. or or

Visit us now at We are still sprucing things up and uploading images but we are 95% of the way done and wanted to share it with you now. We'll have to bring the comments over bit by bit so don't worry, they will definitely be back but they are not in place now.

Visit. Read. Admire the work of our designer and programmer. And marvel at the fact that with The Jury Expert, you can improve your day-to-day practice without increasing your overhead. It's the gift of litigation advocacy from the American Society of Trial Consultants to all of you.

We publish our March/April issue the end of this month with pieces on the 'nerd' defense that made so many headlines in late February (i.e., put glasses on your criminal defendant and the jury will acquit); ADD jurors; questions about Powerpoint presentations in an article called "Beyond Bulletpoints"; new ideas to address social media's presence in the deliberation room; two new pieces on voir dire; online jury research; and a new video review of dueling iPad jury selection apps. You won't want to miss it!

In the meantime, bookmark our new address ( and come visit!

Posted On: March 26, 2011

Findlaw Case Summaries: Criminal Law and Procedure March 21-25, 2011

To view the full-text of cases you must sign in to All summaries are produced by Findlaw

March 21-25, 2011.

United States First Circuit, 03/22/2011
US v. Werra, No. 09-1593
Conviction and sentencing of defendant is reversed because stop-and-frisk conducted on him after law enforcement officers forced their way into a house occupied by a group of unrelated individuals to execute an arrest warrant violated the Fourth Amendment rights of defendant, where he was not the subject of the warrant.

United States Fourth Circuit, 03/25/2011
US v. Masciandaro, No. 09-4839
Conviction and sentencing of defendant for carrying or possessing a loaded handgun in a motor vehicle, under 36 C.F.R. section 2.4(b), is affirmed where the general federal savings statute, 1 U.S.C. Section 109, denies defendants an automatic entitlement to the benefit of post-arrest changes in the law.

United States Ninth Circuit, 03/21/2011
Smith v. Almada, No. 09-55334
In an appeals arising out of the arrest and trial of the appellant for arson, summary judgment in favor of the appellee is affirmed where failure to disclose evidence during criminal trial did not prejudice appellant.

Continue reading " Findlaw Case Summaries: Criminal Law and Procedure March 21-25, 2011 " »

Posted On: March 26, 2011

Findlaw Case Summaries: Constitutional Law March 21-25, 2011

To view the full-text of cases you must sign in to All summaries are produced by Findlaw

March 25, 2011.

United States First Circuit, 03/24/2011
Decotiis v. Whittemore, No. 10-1242
In a First Amendment dispute involving allegations of retaliation through adverse employment action, Rule 12(b)(6) dismissals by district court is affirmed in part and vacated in part where plaintiff failed to make a constitutional claim against all defendants.

United States Third Circuit, 03/21/2011
Tri-M Group v. Sharp, No. 10-2365
In a dormant commerce clause challenge to a state regulatory scheme for the training and compensation of apprentices on construction projects, summary judgment in favor of plaintiff is affirmed where refusal to recognize out-of-state registered apprentices facially discriminated against out-of-state contractors without advancing a legitimate state interest.

United States Ninth Circuit, 03/22/2011
Young v. Honolulu, No. 09-16034
In a constitutional dispute on whether a city repeal ordinace violated the Contracts Clause of the United States Constitution, summary judgment is affirmed where ordinance did not breach any of preexisting contractual obligation.

United States Ninth Circuit, 03/22/2011
Hunt v. Los Angeles, No. 09-55750
In a 42 U.S.C. section 1983 dispute challenging the constitutionality of several city ordinances aimed at preventing vending on the Venice Beach Boardwalk, judgment by district court is affirmed in part and remanded in part where court did not abuse discretion but improperly failed to address one of the challenges in the first instance. .

United States Ninth Circuit, 03/25/2011
Stewart and Jasper Orchards v. Salazar, No. 10-15192
District court judgment that application of Sections 7 and 9 of the Endangered Species Act to the California delta smelt does not violate the Commerce Clause is affirmed. ..

Posted On: March 26, 2011

Findlaw Case Summaries: New York Court of Appeals

To view the full-text of cases you must sign in to All summaries are produced by Findlaw

March 25, 2011.

Civil Procedure, Labor & Employment Law
In the Matter of Madeline Acosta, No. 36
In a dispute over the scope of Correction Law Section 75, dismissal by trial court is modified and affirmed because defendant acted arbitrarily in denying application for security clearance by petitioner where it failed to comply with the requirements of the Correction Law.

Civil Procedure, Intellectual Property, Copyright
Penguin Group (USA) Inc. v. American Buddha, No. 7
In a question involving the scope of long-arm jurisdiction under CPLR 302 (a)(3)(ii) as applied to a federal copyright infringement action, the situs of injury for purposes of determining long-arm jurisdiction is the location of the copyright holder.

Criminal Law & Procedure, Sentencing
The People v. Cornell, No. 119 SSM 61
Conviction and plea of defendant are vacated in the absence of a postallocution motion where the record is unclear that at the time defendant entered his plea, he was aware that the terms of his sentence included a period of postrelease supervision.

Civil Procedure, Health Law, Injury & Tort Law
Goldenberg v. Westchester County Health Care Corp., No. 50
In a a special proceeding on a notice of a late claim for medical malpractice against defendant, judgment of dismissal by trial court is affirmed where ultimate complaint dramatically differed, substantively and materially, from the proposed complaint which the plaintiff filed in the prior, special proceeding.

Government Law, Property Law & Real Estate
In the Matter of Mercedes Casado, No. 32
In a challenge to the validity of two orders of the New York City Rent Guidelines Board (RGB) making a distinction between low-rent apartments in which there has been no recent vacancy and other apartments, allowing larger rent increases for the former, judgment of trial court is reversed where the RGB has the power to make such distinction.

Criminal Law & Procedure, Sentencing
The People v. Beasley, No. 53
Conviction and sentencing of defendant for possession of a controlled substance in the second degree and other, lesser offenses is upheld where ground for appeal was not properly preserved at trial.

Criminal Law & Procedure, Sentencing
The People v. Kelly, No. 58
Conviction and sentencing of defendant for robbery in the first degree and burglary in the first degree are upheld where a brief, momentary separation of a juror from deliberations was not the type of violation contemplated by the continuously kept together language of CPL 310.10.

Criminal Law & Procedure, Sentencing, Evidence
The People v. Rodriguez, No. 44
Conviction and sentencing of defendant on charges of manslaughter is upheld where a justification charge was not warranted under the particular facts and circumstances of the case, but warranted on less serious offenses.

Posted On: March 26, 2011

Book Review: The Fears Within: Spies, Commies, and American Democracy on Trial

TITLE: The Fear Within
SUBTITLE: Spies, Commies, and American Democracy on Trial
AUTHOR: Scott Martelle
PUBLISHER: Rutgers University Press
PAGE COUNT: 320 pp.
ISBN: 978-0-8135-4938-5 (Cloth)
PRICE: $26.95 (Cloth)

The author is a freelance journalist and writer with expertise in American history. Martelle details the 1948 arrest and trial of twelve members of the Communist Party USA who were accused of espionage and conspiracy in violation of the Smith Act, which prohibited inciting acts of force and violence against the government. He carefully describes the primary defense argument, namely, that these twelve men did nothing more than teach a doctrine and therefore the government’s case amounts to political repression. The author underscores the defense argument that the Smith Act’s constitutionality is suspect because of its inherent conflict with the First Amendment, because the allegations against the men involved no acts and therefore did not constitute a clear and present danger to the government. The Smith Act was hastily crafted during the pressure of wartime, the author notes, and was not intended to be used against those exercising their First Amendment right of free speech. Nevertheless, eleven of the men were convicted, and the author concludes that the judge’s charge to the jury was the deciding factor, as guilt rode on the defendants’ intent to overthrow the government and their use of words as a rule for action. Aimed at an academic audience and well-documented, the book is replete with analysis of the legal and political issues involved, and is thus recommended for academic, law, and larger public libraries.

Philip Y. Blue, New York State Supreme Court Criminal Branch Law Library, First Judicial District, New York, New York

Posted On: March 18, 2011

Conference: Women Legal 2011

Described by ARK Group USA a primary sponsor as a highly-interactive forum connecting law firms and their clients to advance the increasingly-important dialogue on gender diversity

June 8, 2011 ~ New York, NY CLE approved in most states!

Is the "business of law" itself a detriment to the retention and succession of women leadership? Gender-based discrimination that equates to marginalized access to resources and decision-making continues to plague women in law firms. There should be far more women serving as managing partners, executive and compensation committee members and filling additional critical leadership roles than there are today. Yet with increasing frustration, we continue to bring attention to the institutional impediments to women's success and advancement...

This conference provides candid perspectives from:

Marianne D. Short, Managing Partner, Dorsey & Whitney LLP

Dorian S. Denburg, General Attorney, AT&T and President, NAWL (National Association of Women Lawyers)

Carol A. Clayton, Assistant Managing Partner, WilmerHale

Sherry L. Jetter, Esq., Vice President, Intellectual Property and Legal Affairs, Polo Ralph Lauren Corporation

Deidra L. Byrd, Vice President, Employee Relations, Walgreens Co.

Audra Dial, Partner, Kilpatrick Townsend & Stockton LLP

Judith McKay, Vice-President and General Counsel, Pioneer Hi-Bred International Inc (a subsidiary of DuPont)

Mary Huwaldt, Deputy General Counsel, Armstrong World Industries

Emilie Bakal-Caplan, Esq., Partner, Mound Cotton Wollan & Greengrass

Thomas A. Delancey, Partner. Sedgwick LLP

Kathleen A. Flynn, Chief Marketing Officer, Sedgwick LLP

Randi W. Singer, Litigation Partner, Weil Gotshal & Manges LLP

Heidi B. Goldstein, Partner, Chair Firmwide Women's Initiative, Thompson Hine LLP

Phyllis Weiss Haserot, President, Practice Development Counsel

Margaret A. Keane, Partner, Chair, Employement Dispute Resolution, Dewey & LeBoeuf LLP

Sonia M. Alvarez-Robinson, SPHR, Cultural Transformation Solutions Advisory Group, PricewaterhouseCoopers

and many others!

For more information, including registration information, click here.

Posted On: March 8, 2011

Gangs in a New Jersey County

The following is a link to a a listing of towns in Union County New Jersey and the number of gangs reported to be established in each town, even many of the smaller ones. One reason for publishing this post is that we suspect this particular article may point to a very small representation of a much larger problem throughout the nation that should concern us all.

David Badertsher

Posted On: March 8, 2011

Book Review: The Eichmann Trial

TITLE: The Eichmann Trial
AUTHOR: Deborah E. Lipstadt
PUBLISHER: Schocken Books, a division of Random House, Inc.
PAGE COUNT: 272 pp.
ISBN: 978-0-8052-4260-7
PRICE: $23.95

The author is a professor of Jewish Studies at Emory University and has written extensively about the Holocaust. In her new work, she details the Israeli capture and trial of fugitive Nazi war criminal Adolf Eichmann fifteen years after his escape from U.S. custody at the end of World War II. Lipstadt carefully shows how Attorney General Gideon Hausner called witness after witness who had directly observed the most brutal and murderous aspects of Eichmann's evil objectives and were thus able to bring the tragedy alive. She concludes the verdict was a forgone conclusion, but the sentencing was more complicated, and thus followed a contentious debate about the death penalty in a society that preaches love and compassion. Arguments for and against Eichmann's execution are described in detail, with the author noting the Court's referral of the matter to the Prime Minister and Israeli Cabinet for ultimate resolution. Aimed at an academic audience, the book is replete with references to primary source material and thus constitutes an authoritative analysis of the historical and legal issues involved in a trial of international significance. Highly recommended for students, scholars, and researchers analyzing actions and motives of war crimes perpetrators and their victims during periods of political conflict and courtroom confrontation.

Philip Y. Blue, New York State Supreme Court Criminal Branch Law Library, First Judicial District, New York, New York

Posted On: March 8, 2011

Book Review: Cross Examination Handbook: Persuasion, Strategies, and Techniques

We are pleased to presnet the following review of Cross Examination Handbook: Persuasion, Strategies and Techniques by Ronald H. Clark and others as acknowledged below. The review was prepared by our Senior Law Librarian for Public Access, Theodore Pollack

Title: Cross-Examination Handbook: Persuasion, Strategies, and Techniques

Author: Ronald H. Clark, George R. Dekle, Sr., William S. Bailey

Publisher: Wolters Kluwer: Law & Business

Series: Aspen Coursebook Series

Published: 2011

Price: $39.50

“The Cross-Examination Handbook“ is a useful volume for any law student or litigator. The book and accompanying dvd are provide a trial techniques class on cross-examination and examine various cross-examination techniques and the different trial situations in which they arise (e.g. runaway witnesses or recalcitrant witnesses). To deal with these situations in court or in deposition is often a difficult task and to have a guide which provides strategies, model examinations, and sample questions is of potential great assistance to a practitioner.

This book was written by Ronald H. Clark (Distinguished Practitioner in Residence, Seattle University School of Law), George R. Dekle, Sr. (Legal Skills Professor, University of Florida Law School), and William S. Bailey (Adjunct Professor of Law, Seattle University School of Law). The authors provide a readily read and highly useable aid which is useful to new and experienced trial attorneys. Perhaps it is of greatest utility to new practitioners as they enter trial practice and reduce the need to learn under combat situations and consequently increase their effectiveness.

“The Cross Examination Handbook” is recommended for law libraries, litigators, and law students.

Ted Pollack, Sr. Law Librarian, New York Supreme Court, New York County Public Access Law Library