Don’t Post Anything on Facebook that You Wouldn’t Want To See as Exhibit A In Court.

Bloggers say this all of the time. Plenty of people don’t listen. Here’s A Pennsylvania Common Pleas case that illustrates what can happen. The judge ordered discovery of the entries on the Facebook page of a plaintiff in an auto accident. It included entries about a supposedly seriously injured person going to the gym, etc. The Court stated that no court has ever held that there is an expectation of privacy on Facebook. On the contrary, the court noted, Facebook is for sharing.

NOT YOUR PROBLEM.

No. 759 Now the hosts and guests on talk radio are obsessed over the idea that conflicts in the testimony of key witnesses in the Penn State case might enable some of the defendants to slip the noose. Don’t worry about the prosecution. They have a small army of lawyers working on this case. If […]

Presumption of Innocence and Burden of Proof

No. 758 It bears remembering, at a time like this, that under our system of justice every person accused of a crime is presumed to be innocent until convicted in court by credible evidence. The finder of fact must conclude that guilt of a specific charge has been proven beyond a reasonable doubt in a […]

No, Marty Griffin, Joe Paterno Does Not Owe You an Explanation.

KDKA talk host Marty Griffin has been demanding that Joe Paterno talk about the pending criminal prosecution against two Penn State officials to whom he reported the Sandusky matter. Griffin is always attempting to try every new case on his radio program. Obviously, it is highly improper for Paterno or anyone else who might give evidence in the case to participate in the KD Kangaroo Court or even talk to Judge Griffin about it. That is what real courts are for.

Not Always As They Appear.

It looks like a vase of flowers, doesn’t it? But its not. Its a container of pens for people to fill out summary appeal form.

The Art of the Objection.

Like so many things that lawyers do, stating objections in court requires preparation, experience and skill. If you don’t state your grounds quickly, the damage may be done, even if the objection is sustained.

Superior Court Holds that Unauthenticated Text Messages Are Inadmissible.

The police had found text messages containing evidence of a drug deal on a defendant’s cell phone. The Court held that it was hearsay without the same kind of authentication that is required for other documents.

Commonwealth v. Orie, Round Two.

No. 702 Please be aware that the Commonwealth has the burden of proof with regard to the new criminal charges, as it does in every criminal case. Don’t underestimate how heavy that burden can be. Assume, in the words of Judge Manning, that Ray Charles (and everybody else) can see that certain documents are […]

Committing Check Fraud? There’s an App for That!

At a recent closing in Florida, a seller walked out of the closing room with a large proceeds check . A minute later, he returned and requested a wire instead. The title agent took back the check, marked it “Void” and initiated a wire. Later, after the wire had cleared, the title agent learned that the check had cleared, too. How could that have happened? After all, the agent still had the check and it was marked void. Right?

Facing Up to the Reality of Social Media.

No. 691 What ethical issues are there for lawyers who do or don’t invade adversary’s Facebook pages looking for evidence? I have heard various pronouncements that it may be malpractice for a lawyer to fail to investigate the opponent’s Facebook Page. But what about the subterfuge that might be required to gain access? I am […]

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Welcome

CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

Pittsburgh Legal Back Talk

Legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus.

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