Category: Legal Tech

Tweets Lead to Overturn of Murder Conviction

Verdict

Today it is almost impossible to remove yourself from the digital world; we are constantly connected to the Internet. No matter where we are we are always just a few clicks away from checking out the latest news and videos or updating social networking sites. With this constant connection to the Internet it has made many start to question—have we gone too far?

We, as a society, may have just taken our need to share online to new, dangerous heights. Last week, the Arkansas Supreme Court tossed out a murder conviction and believes death row inmate, Erickson Dimas-Martinez deserves a new trial, the Associated Press reported. All of this is the result of one jurors big mistake—Tweeting.

The juror who caused all of this is Randy Franco. The judge instructed all jurors at the start of the trial that they were not to discuss the case with anyone whether in person or on the Internet. The AP reported that the judge specifically mentioned that jurors were not to use their cell phones or Twitter before opening arguments in the trial.

Despite the warnings, Franco still Tweeted several times during the trial such as,”Court. Day 5. here we go again,” and “The coffee sucks here.” When Franco had to defend his posts last year to a lower court he stated that the Tweets did not reveal anything about the case—that satisfied the lower court judge. This same defense was not acceptable in the eyes of the Arkansas Supreme Court, however, and now a convicted murderer may get a lesser charge than he did on the first trial.

This calls into question many things. First of all, did Franco have a right to post the musings he did? After all, he did not reveal any specific about the case, therefore are his statements protected under the First Amendment? However, the AP spoke with Felecia Epps, a criminal law teacher at University of Arkansas at Little Rock, and she asserted that the issue here isn’t one’s right to tweet it is about the accused’s right to a fair trial.

Our society cannot seem to control the impulse to tell the digital world of our every thought and action. Many times social networking sites have been deemed a distraction, but now it’s to the point where social network users are even freeing murderers. It really makes one give some thought to the dangers of the digital world.

Dimas-Martinez was originally sentenced to death in 2006 for the robbery and murder of 17-year-old Derrick Jefferson. The AP reported the state has not made a decision about what it will do next.

5 Best iPhone Apps for Lawyers, Law Students, and Others Interested in the Law

ilawyer

On Friday, October 7, Apple introduced the iPhone 4S to the world, the latest generation of what some say is the world’s most popular Smartphone. As expected, the 4S is packed with lots of great new features, including video chat on 3g and 4g; an 8MP camera with new optics that allows users to also shoot 1080p HD video; face recognition security; iMessage, which allows for chatting between Apple devices instead of texting; iCloud, which allows for wireless sync with iTunes and other devices; and Siri, an amazing system that allows you to send messages, place phone calls, schedule meetings, check the weather, find restaurants in the area, and more—just by using your voice.

“There’s An App for That”

As iPhone use grows so do the number of apps available. While the most popular apps continue to be social, fitness, travel, gaming, and entertainment apps, those related to particular professions or businesses—apps designed to make work more efficient—are also gaining in popularity. Following are five great iPhone apps for lawyers, law students, and others interested in the law.

  1. Black’s Law Dictionary - Confusing a priori with a fortiori? Black’s Law Dictionary contains more than 43,000 legal terms of interest to lawyers, law students, those involved in a lawsuit, or anyone else interested in the law.
  2. Law Stack - Ideal for both lawyers and law students, this app is a comprehensive library that includes just about every legal topic imaginable. Find any topic you want for your case, project, hearing, or appeal.
  3. Law in a Flash - This app comes in several topics, depending upon your area of interest, including civil procedure, torts, and criminal law. These virtual “flash cards” include definitions, theory questions, and hypothetical legal situations. The app allows you to make notes on the cards and bookmark them.
  4. Court Days – Date Calculator for Lawyers. Think the paper date wheel is a little archaic? This app allows lawyers, paralegals, legal secretaries, and other legal professionals to efficiently and accurately calculate court dates and deadlines. Calculate the number of court days, weekdays, or calendar days between two dates by picking a jurisdiction from the application’s database, or provide your own custom court holidays if your jurisdiction isn’t included in the database. The app also allows you to email the results of your date calculations.
  5. iPunch Clock - This handy little app can help just about anyone, and is highly recommended for lawyers and other in the legal profession who need to keep track of day-to-day activities, meetings, and court dates.

As the iPhone increasingly becomes the “go-to” instrument of busy lawyers and law students everywhere, expect to see more and more law-related apps to crop up. Hopefully one that picks the perfect jury, or develops compelling closing statements, is in the works!

Rick Console is a New Jersey personal injury attorney who has been protecting and representing the rights of injury victims for 15 years. In addition to representing those injured in motor vehicle accidents, he has successfully handled thousands of cases related to slips and falls, premise liability, worksite injuries, homeowner’s claims, dog bites, and medical malpractice. Console is licensed to practice in both New Jersey and Pennsylvania, and has offices in both Mt. Laurel, New Jersey, and Philadelphia, Pennsylvania.

The Impact of Legal Videography on Depositions

In a deposition, an attorney solicits information from a witness before a case goes to court. Traditionally, the witness’s responses are recorded in a transcript. But today, many attorneys choose to record a deposition on video as well – a decision that can help influence a jury’s opinion.

The Effect of Visual Testimony
In a recent study, participants were asked to identify which of six communications contained a lie. Each video communication featured a visible speaker, and all of the participants who identified the video that contained the lie did so based on the non-verbal behavior of the speaker. The same thing can happen when jurors see a witness lie in a video deposition.

Psychologists attribute the power of video depositions to two factors: people gauge truthfulness via visual cues, and most people remember what they see better than they remember what they hear. Another advantage of video depositions is that jurors are able to see an attorney’s behavior. If an attorney is respectful and the witness still does or says things that seem untrue, the evidence can seem even stronger for the viewer.

Can Legal Videography Help Injury Victims?
Legal videography can benefit any case in which depositions are taken, including injury cases. In fact, major lawsuits have been won based on the impact of a video deposition. At Console & Hollawell, our New Jersey injury lawyers use legal videography when it can help secure a settlement or win a court case. If you’ve been injured in an accident and someone else saw it happen, speak with a New Jersey accident attorney today. The witness’s testimony could prove valuable to your case.

For over 17 years, the New Jersey injury lawyers at Console & Hollawell have helped injury victims recover damages. If you’ve been injured in an accident that wasn’t your fault, we’ll use every legal strategy available to us, including legal videography, to win your case. Contact a New Jersey accident attorney at Console & Hollawell today for a free consultation.

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