September 10, 2019
Lorraine v. Markel: An Authoritative Opinion Sets the Bar for Admissibility of Electronic Evidence (Except for Computer Animations and Simulations)
Lorraine v. Markel may have a profound impact on the world of electronic evidence admissibility for its guidance to lawyers, but in the area of computer animations and simulations, it carries a mixed message. The opinion takes a progressive approach to the unfair prejudice standard, granting broad discretion to courts to admit computer animation and simulation into evidence. However, the opinion takes a conservative approach to the treatment of computer simulations as scientific evidence. Lorraine’s real effect is yet to be seen, but its on-the-fence approach to computer animations and simulations may cause confusion. Lawyers should therefore use extra caution in meeting all relevant standards when introducing these forms of evidence.
Lindsay J. Kemp, Recent Development, Lorraine v. Markel: An Authoritative Opinion Sets the Bar for Admissibility of Electronic Evidence (Except for Computer Animations and Simulations), 9 N.C. J.L. & Tech. On. 16 (2007), http://ncjolt.org/wp-content/uploads/2016/09/19_9NCJLTech162007-2008.pdf.
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