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Impeachment by Prior Inconsistent Statement: A Refresher
The rules governing impeachment by prior inconsistent statements as set forth in Guide Rule 6.15 are well-settled. Yet errors in their application, or a misunderstanding thereof, do occur, as shown by recent Appellate Division decisions. Perhaps a refresher on these rules is worthwhile.
The People of the State of New York v. Steven M. Kilgore
Publication Date: 2023-07-28 Practice Area: Criminal Appeals
Industry:
Court: Appellate Division, Third Department Judge: Unsigned Garry, P.J., Clark, Pritzker, Reynolds Fitzgerald and Ceresia, JJ. Attorneys: For plaintiff: For defendant: Case number: 112978_112979
New York v. Steven M. Kilgore
As the Supreme Court Leans on State Authority, Big Law Leans on State AG Practices
"Most decisions are being pushed back to the states and that's going to give state AGs a lot of authority to fashion policies," said Jerry W. Kilgore, a member with Cozen O'Connor's state AG practice and a former Virginia Attorney General.
Updated: Murder, Cruelty Charges Dismissed in Georgia Toddler's Hot Car Death
The Georgia Supreme Court in November voted 6-3 to overturn his murder and child cruelty convictions. The Cobb County district attorney's office, which prosecuted the case, said in a statement that while it disagrees with that ruling, crucial motive evidence is no longer available to the state as a result of it. Therefore, prosecutors decided not to retry Harris on the reversed counts.
Another Heaping Helping of Litigator of the Week Runners-Up and Shout Outs
Our first runners-up this week at Covington & Burling represented Naftogaz, the Ukrainian state-owned oil and gas company, in securing a $5 billion award from Russia stemming from assets seized in the 2014 annexation of Crimea.
Warranty Claims Spike, Target Tesla After FTC Action
After the FTC enforces and reaches a settlement, plaintiffs attorneys or state attorneys general often look toward such agreements to file their own claims.
In the Matter of L. Nicole Hamilton.
Publication Date: 2023-03-30 Practice Area: Legal Ethics and Attorney Discipline
Industry: Legal Services
Court: Georgia Court of Appeals Judge: Per Curiam Attorneys: For plaintiff: James Stephen Lewis, Paula J. Frederick, William Dallas NeSmith, Jenny K. Mittelman, (State Bar of Georgia), Atlanta, for appellant. For defendant: L. Nicole Brantley, Rincon, for appellee; Quentin LaMont Marlin, (Ellis Painter Ratterree & Adams LLP), Savannah, for other party. Case number: S23Y0201
Six-Month Suspension Appropriate Discipline Following Attorney's Failure to Return Unearned Fees and Timely Pay Arbitration Award
Porter v. The State
Publication Date: 2023-03-28 Practice Area: Criminal Appeals
Industry:
Court: Georgia Court of Appeals Judge: Presiding Judge Doyle Attorneys: For plaintiff: James Oxford, (Oxford Law Firm), Rome, for appellant. For defendant: Jonathan Adams, (Office of the District Attorney, Towaliga Judicial Circuit), Jackson, Dorothy Hull, (Assistant District Attorney), Forsyth, Jessica Haygood, (Towaliga Judicial Circuit), Forsyth, for appellee. Case number: A22A1719
Court dismisses appeal because it had no jurisdiction over it, given that defendant had pending motions for a new trial or arrest in judgment before the trial court
Whipkey v. The State
Publication Date: 2023-03-28 Practice Area: Criminal Law
Industry:
Court: Georgia Court of Appeals Judge: Judge Hodges Attorneys: For plaintiff: Herman Kilgore, (Attorney at Law), Marietta, for appellant. For defendant: Flynn Broady, Leslie Coots, (Cobb County District Attorney’s Office), Marietta, for appellee. Case number: A22A1722
Court affirms convictions for rape, enticing a minor, and related crimes over defendant's contentions of evidentiary error and ineffective assistance.
Barry v. Ass'n. des Senegalais d'Amerique ASA Inc.
Publication Date: 2023-03-14 Practice Area: Civil Procedure
Industry:
Court: Civil Court, Bronx Judge: Judge Jeffrey S. Zellan Attorneys: For plaintiff: For defendant: Case number: CV-016902-21/BX
Alleged Certified Foreign Deed Is Inadmissible as it Does Not Comply With CPLR 4542
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