Split Second Circuit Panel Holds That District Court Erred by Admitting “Opinion” Testimony that Defendant “Employed Countersurveillance Driving Techniques,” Ordering New Trial

In United States v. Cabrera, No. 19-3363 (2d Cir. Sept. 8, 2021), the panel majority holds that the jury in a criminal prosecution should not have heard officer testimony that the defendant, “unlike the ‘average drug dealer,’ appeared to be ‘experienced’ because he had employed countersurveillance driving techniques (which consisted of really bad driving).” TheContinue reading “Split Second Circuit Panel Holds That District Court Erred by Admitting “Opinion” Testimony that Defendant “Employed Countersurveillance Driving Techniques,” Ordering New Trial”

Expert Testimony Not Necessary to Prove Existence of Office’s E-Mail Storage, Holds Ninth Circuit

In Clare v. Clare, No. 19-36039 (9th Cir. Dec. 8, 2020), a case concerning a husband’s intrusion into his wife’s work e-mail, the Ninth Circuit reverses exclusion of a declaration about how the office stored data. Andrea Clare sued Kevin Clare under the federal Stored Communications Act (SCA) 18 U.S.C. § 2701 et seq., forContinue reading “Expert Testimony Not Necessary to Prove Existence of Office’s E-Mail Storage, Holds Ninth Circuit”