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Analysis of major changes to criminal law and its impact
By Linton Mann III and William T. Russell Jr. | January 16, 2024
In 'People v. Butler', the Court of Appeals recently decided an issue of first impression concerning the use of police dogs to detect the presence of illegal drugs on a suspect's body. In a unanimous opinion, it ruled that the use of a narcotics-detecting dog to sniff a suspect's body for evidence of a crime constitutes a search for purposes of the Fourth Amendment.
7 minute read
By Allison Dunn | January 12, 2024
"Counsel's constructive absence during either a significant portion of trial or an important aspect of trial so offends the constitutional protections surrounding the right to assistance of counsel that it renders the entire adversary process 'presumptively unreliable' and creates an uncurable error," Chief Justice Kimberly S. Budd wrote.
5 minute read
By Cheryl Miller | January 10, 2024
In its annual review of the high court, the California Constitution Center found the seven justices in sync in their legal views.
4 minute read
By Avalon Zoppo | January 9, 2024
Vacancy enables Biden to make a fourth pick for the Richmond, Virginia-based appeals court.
2 minute read
By Avalon Zoppo | January 9, 2024
The appellate court appears skeptical of the former president's immunity claim.
4 minute read
By Colleen Murphy | January 8, 2024
"To the extent the practice exists, it should not be continued," Chief Justice Stuart Rabner wrote. "For reasons discussed earlier, the act of showing and then reshowing a photo can affect and distort a person's memory."
6 minute read
By Avalon Zoppo | January 5, 2024
Avenatti's attorney argued that U.S. District Judge Jesse Furman's instruction had singled out and coerced the holdout, warranting a new trial.
3 minute read
By William C. Donnino | January 4, 2024
In a split decision, the Court of Appeals in 'People v. Debellis' held that defense counsel did not provide meaningful representation because counsel failed to request a jury instruction on the "defense of voluntary surrender" of a firearm pursuant to Penal Law §265.20(a)(1)(f).
5 minute read
By Evan T. Barr | January 3, 2024
The U.S. Supreme Court granted certiorari in 'McIntosh v. United States' to determine whether a district court may enter a preliminary order of forfeiture divesting a defendant of his or her property outside the time limits set forth in the Federal Rules of Criminal Procedure. The court's decision in 'McIntosh' may clarify whether the government can be strictly held to the kinds of deadlines that bedevil every other litigant.
8 minute read
By Avalon Zoppo | December 28, 2023
Anti-terrorism efforts, venue, drug pricing, defamation and air pollution appear to be heading to the Supreme Court.
7 minute read
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