Criminal Appeals

Analysis of major changes to criminal law and its impact

Delaware Law Weekly |News

Del. High Court Blocks 'Unlawful' Search in Parole Violation Proceeding

Tom McParland | February 22, 2019

A three-judge panel of the high court Thursday overturned a lower court's ruling and faulted the officers for acting on a tip from an informant without taking any steps to verify the information or assess the informant's credibility.
Texas Lawyer |News

Meet Big Law Attorneys Who Worked to Block Texas Execution

Samantha Joseph | February 22, 2019

Norton Rose Fulbright Houston partners Anne Rodgers and Warren Huang teamed with associate Nicole Lynn and Dallas counterpart Philip Tarpley to provide pro bono representation.
Daily Report Online |Case Digests

Deason v. The State

February 22, 2019

Appeal of Misdemeanor Conviction Failed For Lack of Bench Trial Transcript
The Recorder |Expert Opinion

On Appeals: No Error or Abuse of Discretion Required: Opportunities and Risks on Appeal in the State Bar Court

Jennifer Teaford | February 21, 2019

In its most recent published case, the appellate branch of the State Bar Court of California (the review department) agreed with the hearing department's findings and legal conclusions. Despite finding no error or abuse of discretion, the review department elected to recommend a significantly shorter suspension than the hearing department pursuant to its powerful independent review authority.
The Legal Intelligencer |News

Pa. Supreme Court Rejects Spanier's Appeal

Max Mitchell | February 21, 2019

The Pennsylvania Supreme Court has denied former Penn State university president Graham Spanier's efforts to overturn his child endangerment conviction.
Daily Report Online |Case Digests

McDaniel v. The State

February 21, 2019

Murder defendant cannot relitigate the same issues on appeal
The Recorder |Expert Opinion

Bezos-National Enquirer Skirmish Reminds Lawyers to Think Twice Before Sending Demand Letters

Derek Foran and Michael Komorowski | February 20, 2019

Staying on the right side of the 'Flatley' line in an era of social media publicity and a daily barrage of celebrity and political gossip can require finesse. Aggressive demand letters surely have their place, but lawyers and clients should be careful to stick to the facts of the alleged injury when building up leverage.
New York Law Journal |Case Digests

People v. Murray

February 20, 2019

'Anders' Brief Not Deficient for Failure to Identify, Analyze Waiver of Right to Appeal
Daily Report Online |News

Lawyer Who Won Supreme Court DUI Case: 'Straight Black-Letter Law'

Greg Land | February 19, 2019

Gregory Willis said the ruling that overturned a lower court was just a matter of asking the justices to leave 100 years of constitutional law intact.
New York Law Journal |News

Sealing Records Not Mandatory for Persons Acquitted on Insanity Pleas, Court of Appeals Rules

Dan M. Clark | February 19, 2019

The decision was based partly on a legislative scheme enacted nearly four decades ago in New York that governs how state courts will manage defendants who plead not responsible by reason of mental illness or disability.
New York Law Journal |Case Digests

Matter of Caroselli v. Claudio

February 19, 2019

Inmate Fails to Establish Mandatory Action Respondent Did Not Perform, or Right to Relief
The Legal Intelligencer |Case Digests

Commonwealth v. Finnegan

February 19, 2019

Defendant's mandatory minimum sentence under 35 P.S. §780-113(k) did not violate Alleyne, as his guilty plea to manufacturing the specific controlled substance of methamphetamine triggered the application of 35 P.S. §780-113(k), not any factual findings of the sentencing court. The appellate court affirmed defendant's judgement of sentence.
The Legal Intelligencer |Case Digests

Commonwealth v. Finnegan

February 19, 2019

Defendant's mandatory minimum sentence under 35 P.S. §780-113(k) did not violate Alleyne, as his guilty plea to manufacturing the specific controlled substance of methamphetamine triggered the application of 35 P.S. §780-113(k), not any factual findings of the sentencing court. The appellate court affirmed defendant's judgement of sentence.
The Legal Intelligencer |Case Digests

Commonwealth v. Ballance

February 19, 2019

Where defendant filed an untimely petition for relief under the Post Conviction Relief Act, the PCRA court had no jurisdiction to restore defendant's direct appeal rights nun pro tunc via the untimely petition. The appellate court dismissed defendant's appeal from an order denying him post-conviction relief.
The Legal Intelligencer |Case Digests

Commonwealth v. Martinez

February 19, 2019

Defendant, who elected to plead guilty to charges of unlawfully possessing a firearm, was bound by the statements he made in open court while under oath; thus, he could not assert grounds for withdrawing his plea which contradicted the statements he made at his plea colloquy. The appellate court affirmed defendant's judgment of sentence.
The Legal Intelligencer |Case Digests

Commonwealth v. Cryan

February 19, 2019

The trial court properly concluded that defendant's New York conviction for tampering with a witness was not substantially similar to the Pennsylvania crime of intimidation of a witness such that he was not subject to charges for possession of a firearm by persons prohibited under 18 Pa.C.S. §6105(a)(1). The appellate court affirmed an order dismissing charges.
Texas Lawyer |Case Digests

Parker v. Davis

February 18, 2019

In 1991, Parker was convicted of unauthorized use of a motor vehicle and sentenced to 20 years.
Texas Lawyer |Case Digests

USA v. Eaden

February 18, 2019

The question of first impression presented in this sentencing appeal concerned the effect of a defendant's possession of ammunition alone, as opposed to a firearm, during a drug trafficking offense.
Texas Lawyer |Case Digests

Azzam v. State Of Texas

February 18, 2019

Appellant, Azzam, was convicted by a jury of assault causing bodily injury to a family member.
Texas Lawyer |Case Digests

USA v. Richmond

February 18, 2019

During a traffic stop, a state trooper pushed his fingers against the vehicle's tire to try and confirm his suspicion that it contained more than just air.
Texas Lawyer |Case Digests

Johnson v. State Of Texas

February 18, 2019

Appellant was indicted for possession of cocaine and after he pleaded guilty, the trial court sentenced him to eighteen months' confinement in state jail.
National Law Journal |News

The US Supreme Court Should Stop the Execution of a Man Sentenced, in Part, Because He's Black

Samuel Spital | February 15, 2019

Underscoring a lack of respect for Keith Tharpe's humanity, a juror stated: “After studying the Bible, I have wondered if Black people even have souls.”
New York Law Journal |Case Digests

Appellate Division, Second Department: February 13, 2019

February 15, 2019

Appellate Division, Second Department: February 13, 2019
New York Law Journal |Case Digests

Appellate Division, Second Department: February 13, 2019

February 15, 2019

Appellate Division, Second Department: February 13, 2019
New York Law Journal |Case Digests

Appellate Term, First Department: February 13, 2019

February 15, 2019

Appellate Term, First Department:February 13, 2019
New York Law Journal |Case Digests

People v. Hardy

February 15, 2019

Amendment Changing Occurrence Date of Offense Permissible; Judgment of Conviction Affirmed
Daily Report Online |Q&A

Questions for the Bench: Judge Steve Goss of the Court of Appeals

Jonathan Ringel | February 14, 2019

"If the case was flawless, it likely would not be in a courtroom. I prefer that counsel tell me up front why the facts or law may be distinguishable and why their client should prevail."
New York Law Journal |Case Digests

Appellate Division, Second Department: February 11, 2019

February 14, 2019

Appellate Division, Second Department: February 11, 2019
New York Law Journal |News

After Conviction For 'El Chapo,' Prosecutors Take Aim at Other Traffickers

Andrew Denney | February 13, 2019

After about five days of deliberations, a federal jury in Brooklyn on Tuesday found Guzmán guilty of all 10 counts against him, included engaging in a continuing criminal enterprise, four counts of international cocaine distribution, related conspiracy counts and other charges.
New York Law Journal |Analysis

Bail Reform: The Devil Is in the Details

Paul Shechtman | February 13, 2019

Eliminating all forms of monetary bail in all cases and sharply limiting the cases that are detention eligible may go too far.
New York Law Journal |Case Digests

Appellate Division, Second Department: February 8, 2019

February 13, 2019

Appellate Division, Second Department: February 8, 2019
New Jersey Law Journal |News

NJ Lawyer Prevails in Unsealing Grand Jury Transcript in 1946 Lynching Case

Jonathan Ringel | February 12, 2019

In a win for a New Jersey lawyer representing a historian in Georgia, a split appeals court upheld a judge who ordered unsealing the transcript of a grand jury tasked with investigating the lynching of two African-American couples in 1946.
Daily Report Online |

Kagan's Dissent in 11th Circuit Death Case Highlights Central Voice on Religion

Mike Scarcella | February 12, 2019

Conservative and liberal critics, forming an unusual alliance, have widely assailed the Supreme Court's order allowing an Alabama inmate's execution to go forward.
National Law Journal |

Kagan's Scathing Death Row Dissent Highlights Central Voice on Religion

Marcia Coyle | February 12, 2019

Conservative and liberal critics, forming an unusual alliance, have widely assailed the Supreme Court's order allowing an Alabama inmate's execution to go forward.
The Legal Intelligencer |Case Digests

Barnes v. Pa. Bd. of Probation & Parole

February 12, 2019

The Pennsylvania Board of Probation and Parole did not conduct an untimely parole revocation hearing, as defendant claimed, since the Board was only obligated to conduct such a hearing within 120 days of acquiring jurisdiction over the defendant parolee, i.e. after he left a Philadelphia County Prison and was returned to a state facility. The appellate court affirmed in part.
Daily Report Online |News

Split Court OKs Unsealing Grand Jury Transcript in 1946 Lynching Case

Jonathan Ringel | February 11, 2019

"There is no indication that any witnesses, suspects, or their immediate family members are alive to be intimidated, persecuted, or arrested," Judge Charles Wilson wrote.
Texas Lawyer |Case Digests

Rhoades v. Davis

February 11, 2019

In 1992, a jury convicted appellant of capital murder and he received a death sentence.
New York Law Journal |Case Digests

Appellate Division, First Department: February 7, 2019

February 11, 2019

Appellate Division, First Department: February 7, 2019
Daily Report Online |Case Digests

Richardson v. The State

February 11, 2019

Murder conviction affirmed where court found no instances of ineffective assistance of counsel
Texas Lawyer |Case Digests

Morris v. State Of Texas

February 11, 2019

Appellant Morris was convicted of two counts of prohibited sexual conduct by incest arising from two episodes of sexual contact with his estranged seventeen-year-old biological daughter.
Texas Lawyer |Case Digests

Minter v. State Of Texas

February 11, 2019

Minter was convicted of aggravated sexual assault of a child and assessed a punishment of life imprisonment.
Texas Lawyer |Case Digests

Willits v. State Of Texas

February 11, 2019

A jury convicted appellant Willits of DWI with a BAC of 0.015 or more.
Texas Lawyer |Case Digests

USA v. Fulton

February 11, 2019

Appellant was indicted on six counts of sex trafficking and one count of conspiracy in relation to him allegedly acting as a pimp for numerous girls in Galveston, some of them minors.
New York Law Journal |Case Digests

Appellate Term,Second Department: February 7, 2018

February 11, 2019

Appellate Term,Second Department: February 7, 2018
Texas Lawyer |Case Digests

Espinoza v. State Of Texas

February 11, 2019

Espinoza was convicted of aggravated sexual assault of a child and indecency by contact with a child.
Texas Lawyer |Case Digests

Valencia v. State Of Texas

February 11, 2019

Appellant Valencia was convicted of assault causing bodily injury to a family member, his father.
Daily Report Online |Case Digests

McDonald v. The State

February 11, 2019

The Court, being bound by law of the case and res judicata, denies murder defendant's second appeal and affirms his convictions.
New York Law Journal |Case Digests

Appellate Division, Second Department:February 7, 2019

February 11, 2019

Appellate Division, Second Department:February 7, 2019
Texas Lawyer |Case Digests

Totten v. State Of Texas

February 11, 2019

A jury convicted appellant Totten of possession of a controlled substance, found two enhancements true, and assessed his punishment at 25 years.
Daily Report Online |Case Digests

Thompson v. The State

February 11, 2019

Murder conviction affirmed where court finds no trial court error in admitting evidence or in giving certain jury charges
Texas Lawyer |Case Digests

USA v. Hughes

February 11, 2019

Appellant pleaded guilty to bank burglary and was sentenced to 240 months in prison and ordered to pay $189,933 in restitution with interest to be paid in payments of "the greater of $25 per quarter or 50% of any wages earned while in prison."
New York Law Journal |Case Digests

The People of the State of New York v. Anthony T. Henderson, Jr.

February 09, 2019

New York v. Anthony T. Henderson, Jr.
New York Law Journal |Case Digests

The People of the State of New York v. Timothy M. Logsdon

February 09, 2019

New York v. Timothy M. Logsdon
New York Law Journal |Case Digests

In the Matter of Riccelli Enterprises, Inc., et al. v. State of New York Workers' Compensation Board, et al.

February 09, 2019

In the Matter of Riccelli Enterprises, Inc., et al. v. State of New York Workers
New York Law Journal |Case Digests

The People of the State of New York v. John S. Hines

February 09, 2019

New York v. John S. Hines
New York Law Journal |Case Digests

The People of the State of New York v. Anthony Watson

February 09, 2019

New York v. Anthony Watson
New York Law Journal |Case Digests

The People of the State of New York v. Cory C. Thompson

February 09, 2019

New York v. Cory C. Thompson
The Legal Intelligencer |News

Attempted Bank Robber's Convictions Upheld, Despite Partner's Acquittal

P.J. D'Annunzio | February 08, 2019

Despite his partner's acquittal of several of the same charges, a would-be bank robber who was caught before he could execute his plan still stands convicted of conspiracy and gun crimes, a federal appeals court has ruled.
New Jersey Law Journal |

Justices Suppress Evidence of Weapon Discovered After Resolution of Noise Complaint

Charles Toutant | February 05, 2019

Officers lacked a reasonable suspicion to justify detaining 10 party guests, after finishing their investigation of a complaint about loud music coming from a motel room, the justices said.
Daily Business Review |News

Court Orders Resentencing for Ex-Penn State Coach Jerry Sandusky

Max Mitchell | February 05, 2019

The Pennsylvania Superior Court vacated a 30-60-year sentence based on U.S. Supreme Court decisions on mandatory minimums.
New York Law Journal |Analysis

'Or Marihuana': Amendment to VTL §1192(1) Should Be Passed

Steven B. Epstein and Alexander R. Klein | February 05, 2019

VTL §1192(1) suffers a shortcoming that will render it anachronistic in the near future.
New York Law Journal |Analysis

The New 'Suazo' Hearing in Criminal Cases

Barry Kamins | February 01, 2019

In his Criminal Law and Procedure column, Barry Kamins writes: Two months ago, a new hearing was mandated as a result of 'People v. Suazo', in which the Court of Appeals held, in a 5-2 decision, that a noncitizen defendant charged with a deportable class B misdemeanor (maximum of three months in jail) is entitled to a jury trial under the Sixth Amendment, even though the maximum authorized sentence is a term of imprisonment of less than six months.
The American Lawyer |News

Ex-Shkreli Lawyer Suspended From SEC Following Fraud Conspiracy Conviction

Scott Flaherty | January 31, 2019

While Even Greebel serves out his sentence, the SEC and a court have suspended Greebel.
The Legal Intelligencer |News

Enhanced DUI Sentence Unconstitutional, Pa. Supreme Court Rules

P.J. D'Annunzio | January 31, 2019

The Fourth Amendment rights of a driver who refused blood and breath testing and then was given enhanced sentencing were violated, the court said in remanding the case for resentencing.
New York Law Journal |Analysis Expert Opinion

Court Shifts on Effect of Using Handcuffs During Police Encounters

Martin Flumenbaum and Brad S. Karp | January 29, 2019

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss how Second Circuit has generally taken the position that the use of handcuffs during 'Terry' stops converts the stop into an arrest, thereby triggering Miranda rights. That is, until its recent decision in 'U.S. v. Fiseku.'
New York Law Journal |Analysis

Prosecutorial Conduct Commission Statute and Chapter Amendment Bill: Part II

Daniel R. Alonso | January 28, 2019

Part I of this two-part column examined the backdrop to the establishment late last year of the New York State Commission on Prosecutorial Conduct, as well as the scope of the new Commission's authority. Today's Part II examines the makeup of the Commission and its staff and the conduct of Commission proceedings, including its investigatory powers.
Daily Report Online |News

Appeals Ruling Threatens Traffic Tickets, Winning Lawyer Says

Jonathan Ringel | January 25, 2019

Solicitor responds that the decision isn't "catastrophic."
New York Law Journal |

Substantial Differences in Substantial Assistance Within the Second Circuit

Timothy W. Hoover | January 25, 2019

District judges can vary from the U.S. Sentencing Guidelines for almost any reason, but the most common path to a sentence significantly below the Guidelines range is a downward departure under Guideline §5K1.1, which is the primary vehicle by which a criminal defendant's cooperation with federal authorities—his “substantial assistance”—is incentivized and rewarded. The basic procedure is the same in every district. Yet cooperation yields different results depending on the district.
New York Law Journal |Analysis

Prosecutorial Conduct Commission Statute and Chapter Amendment Bill: Part I

Daniel R. Alonso | January 25, 2019

In Part I of a of two-part article, the author examines the scope of authority of the New York State Commission on Statewide Attorney Discipline.
New York Law Journal |Letter to the Editor

Appellate Judges Should Value the Institution Over the Individual

Joseph Bellacosa | January 25, 2019

Each member of an appellate tribunal should deeply appreciate that she or he constitutes but a part of the total entity; and each jurist is thus entrusted to serve the higher purpose, not that of a momentary attention-grabber.
Connecticut Law Tribune |News

20 Cases to Come Before Connecticut Supreme Court in February Session

Robert Storace | January 25, 2019

The Connecticut Supreme Court has a full docket—at least 20 cases—for its February session, weighing criminal matters and First Amendment questions, among other issues.
New York Law Journal |Letter to the Editor

Chief Administrative Judge: Reviewing Appellate Record Is Appropriate

Lawrence K. Marks | January 25, 2019

Among the range of factors the administrative board considers is how Appellate Division (and Supreme Court) justices' decisions have fared on appeal, an entirely appropriate and relevant factor that has long been evaluated in the certification process.
New York Law Journal |

Appeals Court Tosses Charges Against Suffolk County Pharmacist in HIV Drug Scheme

Andrew Denney | January 24, 2019

A four-judge panel said that the state Attorney General's Office failed to present sufficient evidence to convict the pharmacist.
New York Law Journal |Letter to the Editor

So Much Depends on the Power to Dissent

Joseph Nohavicka | January 24, 2019

The dissent “batting-average” rationale imposed upon our intermediate appellate courts in New York is computed using the devil's arithmetic; it is flawed and dangerous.
Daily Report Online |News

'Really, Really Deadlocked': Court Examines What Went Wrong as Judges Pressured a Holdout Juror

Greg Land | January 24, 2019

Chief Judge Ed Carnes wrote that an Alabama trial court's repeated admonitions to a jury deadlocked in an armed robbery case constituted improper coercion of the holdout juror, and that defense counsel should have called for a mistrial.
Litigation Daily |News

'Really, Really Deadlocked': Eleventh Circuit Examines What Went Wrong When Judges Pressured a Holdout Juror

Greg Land | January 24, 2019

Chief Judge Ed Carnes wrote that an Alabama trial court's repeated admonitions to a jury deadlocked in an armed robbery case constituted improper coercion of the holdout juror, and that defense counsel should have called for a mistrial.
New York Law Journal |News

Harvey Weinstein Assembles High-Profile, Non-NY Lawyers for New Defense Team

Andrew Denney | January 23, 2019

Weinstein, who faces five criminal counts relating to two accusers who say the fallen movie mogul assaulted them in 2006 and 2013, has tapped Jose Baez and Ronald Sullivan Jr. of the Orlando, Florida-based Baez Law Firm to join his defense team, the firm said in an email.
Litigation Daily |News

Weinstein Taps Florida Lawyer Who Defended Casey Anthony for New Defense Team

Andrew Denney | January 23, 2019

Weinstein, who faces five criminal counts relating to two accusers who say the fallen movie mogul assaulted them in 2006 and 2013, has tapped Jose Baez and Ronald Sullivan Jr. of the Orlando, Florida-based Baez Law Firm to join his defense team, the firm said in an email.
New York Law Journal |Commentary

Why the Appellate Division Shouldn't Have To Speak in a Unified Voice

Richard Andrias | January 23, 2019

Every case that comes before an appellate court (or every case where there is some dissension) brings with it the tension between the value of the court speaking with one unified voice versus one or more individual member's duty or obligation to speak from his or her own personal perspective.
National Law Journal |

Foreign-Owned Company Warns Justices of Potential 'Havoc' in Subpoena Feud

C. Ryan Barber | January 22, 2019

"With its decision below, the D.C. Circuit became the first appellate court in American history to exercise criminal jurisdiction over a foreign state," lawyers for the mystery company wrote in their redacted filing at the Supreme Court.
New York Law Journal |Analysis

Recent Second Circuit Appeals Test Limits of Foreign Bribery Prosecutions

Vera M. Kachnowski and Peter J. Sluka | January 22, 2019

In their International Criminal Law and Enforcement Vera M. Kachnowski and Peter J. Sluka write: As courts and litigants continue to grapple with the extraterritorial reach of U.S. criminal statutes, two recent Second Circuit appeals highlight potential limitations the U.S. Department of Justice faces when prosecuting non-resident foreign actors involved in alleged bribery.
The Legal Intelligencer |News

Juvenile Lifer Should Not Have to Pay for Costs of Resentencing, Pa. Appeals Court Says

P.J. D'Annunzio | January 17, 2019

A man who received a mandatory life sentence without the possibility of parole 30 years ago for a murder he committed as a juvenile should not have been ordered to pay for court costs associated with resentencing proceedings that were necessitated by two landmark U.S. Supreme Court rulings.
New York Law Journal |Analysis Expert Opinion

Recent Decisions Tackle Federal-State Relations

E. Leo Milonas and Andrew C. Smith | January 17, 2019

In their Appellate Division Review, E. Leo Milonas and Andrew Smith discuss recent decisions from the Appellate Divisions, including the recent Second Department decision “People ex rel. Wells v. DeMarco,” which held that state and local law enforcement officers lack authority under New York law to effect arrests for violations of federal civil immigration violations.
New Jersey Law Journal |Analysis

Victims of Serious Crimes Need More Protection Under OPRA

Jonathan N. Frodella | January 17, 2019

Currently, record custodians bear the full burden of investigation when requestors choose not to provide relevant background information.
Delaware Law Weekly |News

Strine Addresses Charging, Double Jeopardy in Del. Supreme Court Decisions

Tom McParland | January 16, 2019

In the rulings, the high court remanded the cases for resentencing, finding that the Superior Court convictions had breached the multiplicity doctrine, which bars the state from dividing one crime into multiple counts by splitting it “into a series of temporal or spatial units.”
The Recorder |Expert Opinion

Protecting the Record for Appeal: Part I

William Stein and Myron Moskovitz | January 15, 2019

Take a few moments to remember these things—before you try your case.
Daily Report Online |News

In 11th Circuit Case, Justice Breyer Joins Conservative Wing to Uphold Tougher Prison Sentence

Mike Scarcella | January 15, 2019

The 5-4 decision Tuesday in Stokeling v. United States reflected an unusual alignment of the justices. In dissent, Justice Sonia Sotomayor was joined by conservative Chief Justice John Roberts Jr.
Daily Business Review |News

South Florida Career Criminal Case Brings Tougher Sentence in SCOTUS

Mike Scarcella | January 15, 2019

Assistant Federal Public Defender Brenda Bryn of Fort Lauderdale argued the appeal.
National Law Journal |News

Justice Breyer Joins Conservative Wing to Uphold Tougher Prison Sentence

Marcia Coyle | January 15, 2019

The 5-4 decision Tuesday in Stokeling v. United States reflected an unusual alignment of the justices. In dissent, Justice Sonia Sotomayor was joined by conservative Chief Justice John Roberts Jr.
New York Law Journal |

NY Court System Launches Program to Track Evidence Suppression, Police Credibility

Andrew Denney | January 14, 2019

As part of a pilot program that launches Feb. 1, city judges will be required to direct staff to report evidence suppression and issues with police credibility on the stand to court clerks' offices.
New York Law Journal |News

DA Hopeful, Ex-Judge Lasak Reversed Over Handling of DA Bias in Jury Selection

Colby Hamilton | January 14, 2019

A Second Department panel found the former Queens criminal judge had failed to properly handle a 'Batson' challenge by the defense, sending the case back for retrial.
New York Law Journal |Analysis

Lessons From 'Michael Cohen v. United States': Criminal Defendants Should Not Be at the Mercy of Technology for Privilege Review

Ellen Murphy, Scott Morvillo, Wendy Butler Curtis and Kelly Cullen | January 14, 2019

While Technology Assisted Review is a common and beneficial tool in civil litigations, it is improper and potentially unconstitutional as the sole arbiter for privilege review in criminal cases, particularly if required by courts.
The Legal Intelligencer |News

Is Downward Trend for Post-Conviction Filings Likely to Continue Under Krasner?

Max Mitchell | January 11, 2019

According to the Administrative Office of Pennsylvania Courts, the number of PCRA cases being filed in Philadelphia has been trending downward since it peaked in 2014 with 2,764 petitions being filed.
New York Law Journal |

Implementing 'Raise the Age' Legislation

Lawrence K. Marks, Chief Administrative Judge, New York State Unified Court System | January 11, 2019

Lawrence K. Marks, Chief Administrative Judge of the New York State Unified Court System, discusses the implementation of the Raise the Age legislation, writing: Given the effective collaborative efforts of all relevant government agencies, and within the court system itself, raising the age of criminal responsibility has been highly successful with few hurdles in its path.
New York Law Journal |

The Time Has Come to End Mass Incarceration

Paul T. Shoemaker, Chair, General Practice Section | January 11, 2019

Paul T. Shoemaker, Chair of the NYSBA General Practice Section, writes: Mass incarceration takes too large a toll on the individual, community and national levels. It is time to roll back mass incarceration and to bring America closer to fulfilling Dr. King's dream.
Daily Report Online |News

Judge Says Traffic Stop Ruling Favors Cops

Katheryn Tucker | January 11, 2019

“I would not put this Court in the business of resuscitating arguments the government was made aware of, then clearly abandoned,” Judge Beverly Martin said. “In my experience, this Court rarely extends the same courtesy to the criminal defendants."
The Legal Intelligencer |Commentary

US Supreme Court Considers Scope of the Double Jeopardy Clause

Stephen A. Miller and Leigh Ann Benson | January 09, 2019

The Supreme Court is currently re-considering the separate sovereigns exception to the Fifth Amendment's Double Jeopardy Clause. This doctrine, which has existed for nearly 200 years, allows a state government to bring charges for conduct that has already been the subject of federal prosecution (and vice versa).
The Recorder |Expert Opinion

On Appeals: Bring Some 'Omaha' Oomph to Your Appellate Writ Petition

Sharon Baumgold | January 08, 2019

Your writ petition must demonstrate at least one 'Omaha Indemnity' factor—or more if you want a better chance that the appellate court will grant your writ.
Daily Report Online |News

Appeal: Ex-Worth County Sheriff's Secret Jail Recordings Should Void Guilty Plea

Greg Land | January 08, 2019

An attorney for a man who pleaded guilty to aggravated child molestation is hoping to withdraw his plea after learning that ex-Worth County Sheriff Jeff Hobby—who was subsequently indicted and jailed—had installed a clandestine recording device in the attorney-client interview room.
National Law Journal |News

Justices Restore Contempt Order Against Corporation Defying Apparent Mueller Subpoena

Marcia Coyle | January 08, 2019

The legal fight at the U.S. Supreme Court will continue. The unnamed state-owned foreign corporation on Monday filed a petition for certiorari under seal.
New York Law Journal |Analysis

Don't Sue the Messenger—Can Emailing Someone Else's Misstatements Trigger Primary Liability for Securities Fraud?

Amanda Senske and Daniel A. Cohen | January 08, 2019

Imagine that a boss prepares a materially false statement and directs her employee (who knows the statement is false) to email it to investors. Is the employee liable as a “primary violator” under the securities laws, or does her conduct constitute at most secondary liability, i.e., aiding and abetting securities fraud? The U.S. Supreme Court held oral argument on Dec. 3, 2018 in Lorenzo v. SEC to answer that question and resolve an apparent Circuit split.
New York Law Journal |Analysis

Government Misconduct in a Grand Jury Investigation: Is There a Remedy?

Elkan Abramowitz and Jonathan S. Sack | January 07, 2019

White-Collar Crime columnists Elkan Abramowitz and Jonathan S. Sack provide a brief examination of the heavy burden on defendants who claim misconduct in grand jury proceedings. They then discuss a recent Second Circuit decision, which illustrates the reluctance of federal courts to dismiss charges and overturn jury verdicts based on prosecutorial misconduct, even when the government concedes that serious misconduct occurred.
Daily Business Review |News

Florida Justices Overturn Teen Murder Conviction on Self-Defense Theory

Raychel Lean | January 07, 2019

The Florida Supreme Court agreed that Malik Jimer Williams killed one boy out of self defense, but disagreed that he'd injured another for the same reason.
Connecticut Law Tribune |News

SCOTUS Allows Skakel Reversal to Stand

Michael Marciano | January 07, 2019

Michael Skakel is a nephew of Robert F. Kennedy's widow, Ethel Kennedy. He spent 11 years in prison after being charged in 2000 and convicted in 2002 for beating 15-year-old Martha Moxley to death with a golf club. The state has not announced its intentions regarding a possible retrial.
Daily Business Review |News

Transgender Inmate Care Spurs Federal Appeals Court Fight

Jim Saunders | January 04, 2019

Reiyn Keohane contends that her rights have been violated, at least in part because she has not been allowed to wear women's undergarments and groom as a woman.

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Our Team Account subscription service are for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.

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Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both option are priced the same.

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From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.
Exclusive Depth and Reach.

Legal Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.
Big Pictures and Fine Details

Legal Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

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Trust & Estates Litigation Forum 2019

March 07, 2019 - March 09, 2019
Girona

Annual forum for the world's leading trust and estate litigators.
Global Independent Law Firms Forum 2019

March 27, 2019 - March 28, 2019
London

Conference for leaders of independent law firms from around the world, chaired by Charles Martin, Macfarlanes' senior partner.
Private Client Forum Americas 2019

March 27, 2019 - March 29, 2019
Newport Beach, CA

Unites the most senior and elite advisors to HNWIs and UHNWIs to discuss the most timely and concerning issues across the Americas

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webseminar

IF NOT NOW WHEN? Achieving Equality for Women in the Courtroom and ADR

Sponsored by: NAM (National Arbitration and Mediation) | November 05, 2018

DATE: Wednesday, November 28, 2018 TIME: 2:00 pm EST / 11:00 am PST COST: Complimentary Sponsored by: Conversation…

webseminar

How Legal Financing Benefits the Bottom Line

Sponsored by: Burford Capital | March 05, 2018

[ON-DEMAND] Learn about financing structures and pricing and how it helps firms remain competitive.

webseminar

Litigation Finance: A Tool to Improve Client Service & Profitability

Sponsored by Burford Capital | December 07, 2017

[ON-DEMAND] Join this webcast to learn what’s driving the five-fold growth of litigation finance and how it can improve your firm’s profitability.

IN-HOUSE/BIOTECH/LEAD COMMERCIAL COUNSEL

Boston, Massachusetts

Top NASDAQ biopharmaceutical company seeks 8+ year attorney with extensive in-house biopharma experience for leadership role on all commerci...
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ASSOCIATE / COMPLIANCE

Boston, Massachusetts

Well established Boston-based investment manager seeks 3rd - 5th year compliance attorney with in-house experience. Qualifications include ...
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Assistant General Counsel (AGC) & Compliance Officer

Washington D.C., District of Columbia, United States

Reports to: General Counsel (GC) & Senior Vice President (SVP) Legal Responsibilities: Update and establish new BIO policie...
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PORTER WRIGHT MORRIS & ARTHUR

02/22/2019
TAL Web

PORTER WRIGHT MORRIS & ARTHUR Announces that Chicago-based Butler Rubin Saltarelli & Boyd LLPhas merged into Porter Wright Morris & Arthur LLP, Expanding our firm's reach to eight locations across the country.
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KAHN GORDON TIMKO & RODRIQUES, P.C.

02/22/2019
NYLJ Web

In Memoriam
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NORRIS MCLAUGHLIN

02/18/2019
NJLJ Web

Norris Mclaughlin are pleased to announce to welcome Shana Siegel !
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