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David Herr and Jevon Bindman Co-Author Article for Bench & Bar of Minnesota on Jury Instruction and Eyewitness Testimony

December 30, 2019

David Herr and Jevon Bindman, members of Maslon's Litigation Group, co-authored the cover article for the January 2020 issue of Bench & Bar of Minnesota, titled "The Trouble With Eyewitness Testimony: Toward a model jury instruction on witness Accounts." The article discusses some of the issues with eyewitness testimony and examines the current jury instruction used in Minnesota, its origins, and recent attempts by Minnesota courts to address the issues of eyewitness testimony with jury instruction. David and Jevon also identify factors not included in Minnesota's jury instruction that may be helpful in weighing the credibility of a testifying eyewitness as well as offer a sample jury instruction that addresses those factors.

David is a highly regarded appellate lawyer and complex case litigator. He is frequently sought out to provide practical and sophisticated advice on how to resolve difficult, multi-party disputes in trial courts and arbitral forums as well as in the appellate courts. David is past president of the American Academy of Appellate Lawyers, past president of the Academy of Court Appointed Masters, and regularly argues cases in the Minnesota appellate courts and the Eighth Circuit Court of Appeals. He annotates the Federal Judicial Center's Manual for Complex Litigation, published and distributed nationally by Thomson West.

Jevon focuses his work on construction and appellate litigation as well as general commercial matters. He provides practical advice to help his clients navigate all phases of their construction projects, from contract negotiations to asserting or defending claims. Jevon has significant trial practice experience, having taken complex construction matters to jury verdict. He is skilled in all stages of pre-trial civil litigation, including leveraging written discovery and deposition testimony to improve settlement position, drafting successful dispositive motions to avoid trial risks, and working with expert witnesses. Jevon also regularly prosecutes appeals in the Eighth Circuit as well as in Minnesota appellate courts.

To read the full article, go to: MSBA – Bench & Bar of Minnesota: January 2020 Issue.


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