BLOG BULLETS: Defendants are entitled to discovery of software programs the government uses to conduct forensic analysis it uses in its case. Government assurances discovery would be fruitless and not lead anywhere are not a basis for denying such discovery. This case law should also extend to discovery of other sorts of technology the government […]

BLOG BULLETS: The Ninth Circuit sitting en banc recently affirmed a prior panel holding that routine shackling of defendants for non-jury court proceedings is impermissible; there is a presumption defendants should not be shackled, and shackling is permissible only based on an individualized determination that there is a “compelling need” for shackling. The en banc […]

BLOG BULLETS: The Ninth Circuit has recognized that “dual role” testimony, where a cop testifies as both a lay witness and an expert witness raises special problems that a trial court has to guard against. While such testimony is not categorically prohibited, the court does have to take protective measures, such as giving a cautionary […]