Minnesota Lawyer’s “Exemplary Evidence” Articles:

Minnesota Lawyer Author Archives for John J. Carney

Minnesota Lawyer Author Archives for John J. Carney and Kevin V. Bluml

Carney Forensics began authoring articles on digital forensic resource topics for Minnesota Lawyer in November of 2019. Our column is called “Exemplary Evidence,” and during 2020 we discussed digital forensic resources for iPhones and other smartphones, fitness trackers, and smart speakers for lawyers.  In 2021 with Kevin Bluml’s arrival at Carney Forensics, we are writing about more computer forensics topics including October’s article on new advances in intellectual property theft investigations.

Distracted Driving Case Study from Montana Native American Tribal Court

Digital Evidence Shows Driver in Fatal Motor Vehicle Accident Deleted Relevant Cell Phone Data

Spotted Bird, Sr. v. Sansaver, Cause No. 21-6-082 (Fort Peck Tribal Court, Assiniboine and Sioux Tribes, Fort Peck Indian Reservation, of Poplar, Montana, 2022)

While nothing can bring back their little boy, Plaintiffs’ counsel in Spotted Bird achieved some measure of justice for the family by using the tools of digital investigation to establish evidence that the driver that fatally hit their child actively deleted relevant evidence of possible cell phone usage. At the conclusion of the trial, the jury found that the distracted driver’s negligence caused the boy’s death and awarded his family $3.8 million for wrongful death and $1.2 million in survival damages.

Civil Rights Case Study from Georgia Federal District Court

Rogue Cops Raid Atlanta Gay Bar and Attempt Cover Up of Abuses

Calhoun v. Pennington, Court File No. 1:09-CV-03286 (N.D. Ga. Dec. 8, 2010)

The Calhoun case demonstrates how digital forensic expertise can be used to uncover important text message evidence with the potential to drastically change the result of a lawsuit.  In Calhoun, the result included a monetary settlement for the Plaintiffs, as well as policy changes that arguably restored some of the public trust in the Atlanta Police Department.

Alternate Perpetrator Case Study from Minnesota State District Court

Data Mining Minnesota Murder Victim’s Cell Phone Reveals Smoking Gun Evidence

State v. Ferguson, 804 N.W.2d 586 (Minn. 2011)

The Ferguson defense overcame the evidentiary threshold established in Atkinson by data mining and producing cell phone evidence that directly tied another to the crime scene and the crime itself.  The digital evidence recovered by Carney Forensics culminated in a Supreme Court reversal and remand for a new murder trial for Calvin Ferguson.

Mobile Device Forensics Articles:

John Carney’s Review of Magnet Forensics Internet Evidence Finder Mobile

Small Scale Digital Device Forensics: Evidence from Mobile Phones and GPS Units May Surprise You!

Law Review Articles on Digital Forensics and Electronic Discovery:

IT Technologies and How to Preserve ESI Cost Effectively

Using Technology to Facilitate Production of E-discovery

The Limitations and Admissibility of Using Historical Cellular Site Data to Track the Location of a Cellular Phone

Cellular Service Provider Retention Schedules

Minnesota Statutes and Rules for Digital Evidence:

Computer Theft

Unauthorized Computer Access

Voice-Activated or Other Hands-Free Mode

Internet Privacy

Cellular Telephone Counterfeiting

Disclosure of Expert Testimony