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Criminal Law

: Underdog

Prosecution: Fail to authenticate video at own risk.

By Marks & Katz, LLC

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Photo from website of U.S. District Court (W.D. Mi.). Some may say a picture is worth a thousand words, but first the picture must be authenticated to come into evidence at trial.  Rory Washington went to trial for attempted first degree murder in Baltimore, Maryland. Over his lawyer's objection, the prosecutor introduced into evidence a compilation of security camera video shoots at the bar whee the attempted murder allegedly took place. The prosecutor proceeded in closing and rebuttal argument to rely heavily on the video.  Maryland's intermediate appellate court held that the trial court abused its discretion in admitting the videotape and still photographs into evidence, but affirmed on a claim that the error was harmless. Washington v...continue to full post

Full post as published by Underdog on December 16, 2008 (boomark / email).

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