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Casebook Read Credits
Advanced Evidence Spring 2023
Resource 3 . 5 .
41 minutes

Defense Brief on Appeal of Trial Court's Exclusion of Expert Testimony on False Confessions

Prof. Nina Chernoff

This is an excerpt of the defendant's brief in New York v. Evans (2016). This portion of the brief includes portions of the argument explaining why the trial court was wrong to exclude the proposed defense expert on false confessions. When reading this, focus on (a) the factors that contribute to false confessions and (b) observe where you find the lawyer's arguments, use of authority, and language choices more or less persuasive. 
The full brief is available on Westlaw at 2015 WL 10713575 and I also posted it on Moodle under "Class 12." The defense attorney who authored the brief is Glenn Garber. If you read the version on Moodle, please read pdf page 41 (which is page 31 on the brief document) through pdf  page 63 (page 53 on the  brief document) and pdf page 73 (63 on brief) through pdf page 83 (72 on brief).

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