David Edelstein is an AV® Peer Review Rated criminal defense attorney
representing clients in state and federal criminal matters across the State of Florida.

A new Oregon Supreme Court decision upended how eyewitness identification is to be used in criminal trials, says the New York Times in an editorial. The ruling shifts the burden of proof to prosecutors to show that such identification is sufficiently reliable to be admissible as evidence at trial. Misidentification is the leading cause of [...]

“Oregon Supreme Court ruling described as ‘landmark’ decision on eyewitness testimony”: The Oregonian today contains this article reporting on a ruling that the Supreme Court of Oregon issued yesterday. Read more: http://mobile.oregonlive.com/advorg/pm_29233/contentdetail.htm?contentguid=UxkKZv63

The Supreme Court heard arguments last Wednesday on whether testimony from unreliable witnesses should be barred from criminal trials, or whether the trial process itself makes clear if testimony is reliable. Evidence introduced at criminal trial based on eyewitness testimony carries massive probative and material weight, and innate in such evidence is the ability to [...]