EVIDENCE LAWUnited States District Court, District of Alaska (2022)Jake ShermanIn Garcia v. Vitus Energy, L.L.C., 600 F. Supp. 3d 975 (D. Alaska 2022), the court held that aparty cannot engage in spoliation by failing to collect relevant evidence, because one cannotspoliate evidence that never existed. (Id. at 982). After suffering injuries while being transportedon the Continue Reading »
EVIDENCE LAWUnited States District Court, District of Alaska (2022)Jake ShermanIn Garcia v. Vitus Energy, L.L.C., 605 F. Supp. 3d 1179 (D. Alaska 2022), the court held that anexpert makes an impermissible legal conclusion in violation of the federal rules of evidence whenhe comments on an employee’s negligence in a case concerning the employer’s liability fornegligence Continue Reading »
[EVIDENCE LAW] In Sanders v. State,[1] the supreme court held that the lower court improperly excluded evidence on a phone recording given by an unavailable declarant where the recording met the basic circumstantial guarantees of trustworthiness.[2] On trial for murder, Sanders sought to admit a recording of a phone call to the police placed by Continue Reading »
