• New Jersey Law Journal | Analysis

    Informed Consent Applies 'Reasonable Person' Standard; What Happens in Court Is Unreasonable

    January 22, 2021

    A plaintiff's passionate testimony is highly prejudicial in the eyes of a jury, yet has no probative value based on the instructions given to that jury. We need to eradicate this contradiction to ensure fairness in our judicial system.

  • State v. Doyle-Baker

    Publication Date: 2021-01-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Appellate Division
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A-2308-18T3

    Defendant appealed from his convictions for second-degree possession of a controlled dangerous substance with intent to distribute, N.J.S.A. 2C:35-5(a) and N.J.S.A. 2C:35-5(b)(2); and second-degree possession of a firearm while possessing CDS with intent to distribute, N.J.S.A. 2C:39-4.1.

  • Armstrong v. The State

    Publication Date: 2021-01-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Bentley C. Adams, (Attorney at Law), Lihue, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Kathleen Leona McCanless, Christopher M. Carr, (Department of Law), Atlanta, Samuel Howard Altman, Courtney Mcgowan Patterson, (Middle Judicial Circuit District Attorney's Office), Swainsboro, for appellee.

    Case Number: S20A1364

    Court affirms malice murder and other convictions over defendant's challenges relating to evidence of his gang affiliations

  • State v. Singh

    Publication Date: 2021-01-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: New Jersey Supreme Court
    Judge: Justice Fernandez-Vina
    Attorneys: For plaintiff:
    for defendant:

    Case Number: (A-37-19) (083236)

    Defendant appealed from the judgment of the appellate division affirming defendant's convictions and sentence.

  • The Legal Intelligencer | Commentary

    Completeness, Consistency—or Neither: Matter Goes to High Court

    January 20, 2021

    When a witness is impeached with a prior statement's inconsistencies or omissions, does that entitle the proponent to introduce the entire remainder of the impeaching statement? How is this to be managed if there were only two or three impeaching points, and the statement itself ran for over 40 pages and had material not testified to on direct?

  • U.S. v. Dixon

    Publication Date: 2021-01-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: U.S. District Court for the Southern District of New York, U.S - SDNY
    Judge: District Judge Nelson Román
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-CR-368

    Evidence Hearing Will Decide if Stop, Search Leading to Gun's Discovery Was Unlawful

  • Barraza v. The State

    Publication Date: 2021-01-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Eric Crawford, (Crawford and Boyle, LLC), Monroe, for appellant.
    for defendant: Kenneth Mauldin, (District Attorney), Athens, Austin Jackson, (Clarke County DA), Athens, for appellee.

    Case Number: A20A1657

    Court affirms child molestation convictions over defendant's challenges to expert testimony and to limits on cross-examination of a detective investigator

  • Martin v. The State

    Publication Date: 2021-01-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: David T. Lock, (David T. Lock, LLC), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Matthew David O'Brien, Christopher M. Carr, (Department of Law), Atlanta, Margaret Ellen Heap, Emily Catherine Puhala, (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.

    Case Number: S20A1134

    Court affirms malice murder and aggravated assault convictions over defendants' evidentiary challenges and claims of trial court error.

  • USA v. Morton

    Publication Date: 2021-01-18
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Jolly
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-10842

    The issue presented to the court was whether the good-faith exception to the Fourth Amendment's exclusionary rule allowed officers to search photographs on a defendant's cellphones for evidence of drug possession when the affidavits supporting the search warrants were based only on evidence of personal drug possession and an officer's generalized allegations about the behavior of drug traffickers not drug users.

  • Bleimeyer v. State of Texas

    Publication Date: 2021-01-18
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Wise
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 14-18-01082-CR

    A jury found appellant guilty of injury to a child and assessed punishment at 28 years' confinement.