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Analysis of major changes to criminal law and its impact
By Max Mitchell | June 13, 2017
It had been nearly a month since the Philadelphia District Attorney's Office said it would vacate the conviction of Shaurn Thomas—who was incarcerated for more than 20 years, and the first defendant to have his conviction overturned under a newly revamped conviction review unit in the prosecutors' office. But the atmosphere Tuesday morning in Philadelphia Judge Rose Marie DeFino-Nastasi's packed courtroom was tense.
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By Ross Todd | June 12, 2017
The Ninth Circuit said it will delay its decision pending the outcome of a similar case granted cert by the U.S. Supreme Court.
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By Law Journal Editorial Board | June 12, 2017
In State v. Rosario, the New Jersey Supreme Court offered clear analysis distinguishing an investigatory stop from a field inquiry.
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By Tony Mauro | June 9, 2017
Deputy SG Michael Dreeben, who has argued more than 100 cases before the U.S. Supreme Court, will assist Bob Mueller on a part-time basis, according to those familiar with the arrangement. The move signals that Mueller may be seeking advice on complex areas of criminal law, including what constitutes obstruction of justice.
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By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
Evidence was sufficient to grade tampering with public records offense as a felony where defendant's unauthorized practice of law was proof of her intent to defraud her employer and her clients as to her status, or lack thereof, as an attorney. Judgment of sentence affirmed.
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By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
Trial court lacked statutory authority to revoke criminal defendant's bond and commit defendant to jail for nonpayment of the preliminary fee for a court-ordered drug and alcohol assessment. Judgment of sentence affirmed.
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By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
Trial court erred in imposing sentence it had arrived at solely based on the facts of the crime without taking evidence of the circumstances of the sentenced defendant. Judgment of sentence vacated, case remanded for resentencing.
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By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
Appellant waived his challenge to his guilty plea based on the lack of information on the immigration consequences of the plea in the colloquy because he failed to raise the issue during his plea colloquy or to file a post-sentence motion seeking to withdraw his plea and never raised the issue until his Rule 1925(b) statement. Affirmed.
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By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
PCRA court was to conduct hearing to determine whether defendant exercised diligence in discovering that counsel had abandoned him and failed to file a requested appeal, sufficient to invoke the newly discovered exception to the PCRA timeliness requirement. Order of the PCRA court vacated, case remanded.
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By Michael Booth | June 9, 2017
A New Jersey appeals court has ordered a new trial for a former Rutgers University professor now serving prison time for having a sexual relationship with a mentally disabled man related to one of her students.
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