Woman Allowed to Present Expert Testimony to Overturn Shaken Baby Conviction

Prison, Barbed Wire

A Mississippi woman who pleaded guilty in 2007 to shaking an infant to death will be allowed a hearing to argue that her life sentence should be overturned. The Infant’s Death On July 18, 2005, Amy Wilkerson was 29-years-old when she was caring for an 8-week infant child, Tristan Chinn.  At 2 pm on that […]

Texas Court Reinstates Sexual Assault Conviction After Dismissing Expert Witness Objections

Court Dismisses Expert Witness Lawsuit Against Professional Association

The Texas Court of Criminal Appeals has reinstated the sexual assault conviction of former Baylor University football player Sam Ukwuachu after dismissing claims that defense witnesses had been improperly impeached by false evidence. The Crime In October 2013, a female Baylor University student-athlete alleged that Sam Ukwuachu raped her at his Waco apartment. The victim […]

Lawyer Sanctioned for Intimidating Expert Witness

Ethics

In an ideal world, all the players in the legal system, including judges, lawyers, and expert witnesses, would behave professionally at all times. Professional behavior includes treating other professionals with civility. In the real world, participants in the legal system do not always bring a professional demeanor to court. A lawyer who tried to intimidate […]

Expert Witness Helps Gambler Deduct Losses

dollar bills

People who gamble and win are required to report their winnings as income on their tax returns. Gamblers frequently attempt to offset that income by reporting their gambling losses. The IRS allows filers to report losses up to, but not in excess of, their winnings. Gamblers sometimes try to offset winnings with losses they can’t […]

Fourth Circuit Allows Recovery of Expert Witness Fees

The Fourth Circuit Court of Appeals has allowed the recovery of expert witness fees in Maryland where a fee=shifting provision specifically used the word “fees” separately from “attorney fees.” The Underlying Dispute In November 2005, Lennar entered into a contract with three companies (Settlers Crossing, Washington Park Estates, and Bevard Development Company) to purchase 1,250 […]

Expert Testimony on Branding Disallowed in Copyright Infringement Case

Expert Witness

A company called Afropunk produces music festivals. It paid photographer Mamba Bayoh $1,200 for photographs. According to Bayoh, the photographs were to be used on Afropunk’s website and Instagram account to promote a festival in Brooklyn. Bayoh complained that Afropunk improperly used the photographs in other marketing materials. After selling the photographs, Bayoh registered the […]

Court Rules Expert Testimony Not Needed in a Don and Doff Overtime Claim

Timesheet

Rodney Tygar brought an unpaid overtime claim against Precision Drilling Corp. and related companies. Tygar contended that his employer failed to pay workers employed as rig hands for the time they spent putting on personal protective equipment (PPE) prior to their shift and removing it after the shift ended. Tygar presented expert testimony in support […]

Rising Trend of Experts Questioning Legitimacy of Shaken Baby Convictions

a doctor and a child

A growing number of experts are challenging the existence and symptoms of Shaken Baby Syndrome/Abusive Head Trauma — a medical diagnosis that has sent many people to prison over the years.  This is leading to a rise in appeals and overturned convictions. The Science In the early 1970s, pediatric neurosurgeon A. Norman Guthkelch first hypothesized […]

District Court Admits Expert Testimony Regarding Specific Causation in Hernia Mesh Litigation

Expert Witness

Thousands of lawsuits against C.R. Bard allege that the company’s surgical mesh products have harmed patients. Cases involving mesh used to repair hernias have been consolidated in the Southern District of Ohio. In a recent decision, that court considered whether a surgeon’s expert testimony about specific causation should be admitted or excluded. MDL Litigation When […]

North Carolina Permits Expert Testimony Regarding Shell Casing Ejection Pattern

North Carolina

The North Carolina Court of Appeals faulted an attorney for challenging a decision to admit expert testimony without relying on the North Carolina Rules of Evidence. A doubtful experiment in shell casing ejection by a prosecution expert was deemed admissible because the defense attorney failed to challenge the admissibility of the experiment under Daubert. Facts […]