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Above the Law · September 15, 2026

‘Counsel, Do You Watch The News?’: Lawyer Gets Benchslapped Over AI Hallucinations In Murder Appeal

Criminal LawLaw
THE AI ANGLE
Hallucinating fabricated witnesses and false testimony in an appellate brief

New Mexico attorney Stephen Aarons was held in contempt, fined $5,000, and referred for disciplinary investigation after submitting a murder appeal brief containing fabricated witnesses and false testimony generated by ChatGPT. Aarons had relied on the chatbot to summarize trial materials without verifying the record for a client serving a life sentence. This case highlights a critical shift where AI hallucinations extend beyond fake citations to fabricating factual evidence in high-stakes criminal proceedings.

THE TEACHING ANGLE
This incident provides a stark case study on the ethical boundaries of using AI to summarize trial records and an attorney's non-delegable duty of competence when a client's liberty is at stake.

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