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Daily Report Online

Sheriff Arrested for Indecency Seeks to Stop the Governor's Investigation

The attorney for a sheriff arrested for public indecency in Atlanta's Piedmont Park has filed an emergency measure seeking to block the governor from investigating the incident and taking disciplinary action.
5 minute read

Daily Report Online

A Nutty Case: Despite Pretrial Program, Double Jeopardy Argument Fails

A surprising tidbit in a Georgia Court of Appeals decision on a double jeopardy appeal is the price of a trailer load of pecans: $28,240. That's what Royce Palmer and Brandon Ellerbee got for the nuts they stole from a South Georgia farm in October 2013, according to an opinion Judge Stephen Dillard wrote, with support from Judges Billy Ray and Tripp Self. But commodity pricing is only an aside for the May 18 opinion, which addresses when double jeopardy applies and when it doesn't.
6 minute read

New Jersey Law Journal

Pretrial Intervention: Prosecutor's Discretion Is Not Unlimited

The court, not the prosecutor, has the final say regarding pretrial intervention.
9 minute read

New York Law Journal

Circuit Gets a Chance to Redefine Its Insider Trading View in Martoma Case

The Second Circuit heard oral arguments earlier this month in a major insider trading case following the U.S. Supreme Court's ruling in 'Salman v. United States' last year.
19 minute read

New Jersey Law Journal

Racism Has No Place in Court Proceedings

We believe it important to state that, despite the principle of states' rights and necessary limited review of state decisions: "death is different," racism has no place in court proceedings, and that habeas statutes should be interpreted, where possible, to permit liberal review of capital cases by federal courts.
8 minute read

The Legal Intelligencer

Mshimba v. Commonwealth, PICS Case No. 17-0751 (Pa. Commw. May 1, 2017) (memorandum) Simpson, J. (16 pages).

Trial court properly denied driver's civil license suspension appeal because his appeal of his criminal conviction for driving while his license was suspended was untimely and a civil license suspension appeal could not be used to attack the underlying criminal conviction. Affirmed.
6 minute read

The Legal Intelligencer

Wright v. Bd. of Probation and Parole, PICS Case No. 17-0759 (Pa. Commw. April 28, 2017) (memorandum) Leavitt, P. J. (13 pages).

Board correctly calculated petitioner's maximum sentence after he was convicted of a new crime while on parole and recommitted for violating his parole because petitioner was not entitled to credit for "street time" for the time he resided in a community correction center. Affirmed.
6 minute read

The Legal Intelligencer

Commonwealth v. Dixon, PICS Case No. 17-0740 (Pa. Super. May 1, 2017) Stevens, J. (7 pages).

Defendant was not entitled to credit for time served in pretrial home confinement with electronic monitoring, because such time did not qualify as being "in custody" for purposes of sentence credit. Judgment of sentence affirmed.
4 minute read

New York Law Journal

Specter of 'McDonnell' Haunts Skelos' Appeal of Bribery Conviction

At oral arguments Thursday for former New York state Sen. Dean Skelos' appeal against his 2015 bribery conviction, a prosecutor admitted that the government "went too far" by stating at trial that arranging a meeting between a state department and a company who hired his son constituted an "official act" worthy of a conviction.
8 minute read

New York Law Journal

Specter of 'McDonnell' Haunts Skelos' Appeal of Bribery Conviction

At oral arguments Thursday for former New York state Sen. Dean Skelos' appeal against his 2015 bribery conviction, a prosecutor admitted that the government "went too far" by stating at trial that arranging a meeting between a state department and a company who hired his son constituted an "official act" worthy of a conviction.
4 minute read

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