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Analysis of major changes to criminal law and its impact
By Colleen Murphy | February 22, 2024
"In short, our analysis of the law on conflicts and our consideration of the policies embodied in the RPCs support a rule where individual, personal conflicts of county prosecutors are not imputed to the entire office," Judge Robert J. Gilson said.
5 minute read
By Jimmy Hoover | February 21, 2024
The justices unanimously said the Constitution's prohibition on double jeopardy bars a retrial.
3 minute read
By Linton Mann III and William T. Russell Jr. | February 20, 2024
The Court of Appeals had a relatively quiet January and released four opinions. In 'People v. Messano', it considered whether the police had reasonable suspicion to detain the defendant and whether the People met their burden of showing that drug-related contraband should not be suppressed because the evidence was in plain view.
8 minute read
By Thomas R. Newman | February 20, 2024
Thomas R. Newman of Duane Morris suggests that an increase in the number of criminal appeals heard and decided by the New York Court of Appeals is welcome.
1 minute read
By Andrew Denney | February 16, 2024
The five-judge panel heard arguments in appeals for a host of civil matters, including a fraud lawsuit involving the Stardust Diner in Manhattan, which is famous for its show tune-singing wait staff; and a suit that former Fox News anchor Andrea Tantaros filed against her ghost writer.
2 minute read
By Marianna Wharry | February 16, 2024
The panel partially reversed the U.S. District Court for the Central District of California's denial of defendant Brett Wayne Parkins' motion to suppress a search of his apartment when officers from the Huntington Police Department questioned him for aiming a laser pointer at an aircraft.
4 minute read
By Jane Wester | February 15, 2024
A Second Circuit panel composed of Judges Amalya Kearse, Dennis Jacobs and Steven Menashi has been deliberating on the future of Benjamin's bribery and fraud charges since oral arguments in May.
4 minute read
By Brian Lee | February 14, 2024
Weinstein's appeal centers on whether "Molineux" evidence—details about prior uncharged crimes involving a defendant—was properly admitted in the case.
5 minute read
By The Associated Press | February 13, 2024
Eric Robert Rudolph remains bound to the terms of his 2005 plea agreement in which he accepted multiple life sentences to escape the death penalty.
2 minute read
By Cedra Mayfield | February 12, 2024
"If we give police officers the idea that they can illegally access a cellphone, see whatever's on there and then go get a warrant based upon the warrantless stuff that they've seen, they can reverse engineer enough probable cause," argued appellant counsel John Jay McArthur.
6 minute read
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