Criminal Appeals

New York Law Journal |Case Digests

Appellate Division, Second Department: August 13, 2018

August 16, 2018

Appellate Division, Second Department: August 13, 2018

New York Law Journal |Case Digests

People v. Esposito

August 16, 2018

Instrument Charging DWI, Resisting Arrest Jurisdictionally Defective; Judgment Reversed

Daily Report Online |Case Digests

Walker v. The State

August 16, 2018

Denial of New Trial Upheld for Convicted Rapist Who Refused Pre-Trial Plea

New York Law Journal |Case Digests

Appellate Division, Second Department: August 13, 2018

August 15, 2018

Appellate Division, Second Department: August 13, 2018

Daily Report Online |Case Digests

Thompson v. The State

August 15, 2018

Denial of New Trial Upheld for Convicted Drug Trafficker Despite Erroneous Admission of Impermissible Character Evidence Where Admission Was Harmless

New York Law Journal |Case Digests

Appellate Division, Second Department:August 10, 2018

August 14, 2018

Appellate Division, Second Department:August 10, 2018

The Legal Intelligencer |Case Digests

Commonwealth v. Butler

August 14, 2018

The trial court properly found that police demonstrated reasonable suspicion that criminal activity was afoot based in part on information received from an informant who implicated himself in criminal activity when he told police he would drive his son to purchase heroin from two individuals. The appellate court affirmed defendant's judgment of sentence.

New York Law Journal |Case Digests

Appellate Term, First Department: August 10, 2018

August 14, 2018

Appellate Term, First Department: August 10, 2018

The Legal Intelligencer |News

3rd Circuit: Sentence of Convict Labeled 'Career Criminal' Must Be Re-evaluated

P.J. D'Annunzio | August 13, 2018

In light of a U.S. Supreme Court decision declaring the law was too vague as to what constitutes a violent career criminal, a convicted murderer's mandatory 15-year sentence on a gun charge will have to be re-examined, a federal appeals court ruled.

New York Law Journal |Analysis

Contingency Fee? When Hourly Fees Run too High in a Criminal Case

Joel Cohen | August 13, 2018

In his column on Ethics and Criminal Practice, Joel Cohen explores the rationale behind the prohibition of contingency fees in criminal cases, and suggests that perhaps the time has come for a change.

New York Law Journal |Case Digests

Appellate Division,First Department: August 9, 2018

August 13, 2018

Appellate Division,First Department: August 9, 2018

New York Law Journal |Case Digests

People v. Cappiello

August 13, 2018

Divided Panel Affirms Defendant's Judgment of Conviction as Plea Found Knowing, Voluntary

Texas Lawyer |Case Digests

Salazar v. State Of Texas

August 13, 2018

Appellant was convicted by a jury of a first-degree felony count of aggravated sexual assault of child.

Texas Lawyer |Case Digests

Taylor v. State Of Texas

August 13, 2018

After the mother of a 14 year-year-old girl discovered lewd text messages and photographs on her phone, appellant was indicted and ultimately convicted of sexual assault of a child and sentenced to 20 years' imprisonment.

New York Law Journal |Case Digests

Appellate Term, Second Department: August 8, 2018

August 13, 2018

Appellate Term, Second Department: August 8, 2018

Texas Lawyer |Case Digests

Proenza v. State Of Texas

August 13, 2018

Appellant was convicted by a jury of injury to a child, a first-degree felony.

New York Law Journal |Case Digests

Appellate Division, Second Department: August 9, 2018

August 13, 2018

Appellate Division, Second Department: August 9, 2018

New York Law Journal |Case Digests

Appellate Term, First Department: August 9, 2018

August 13, 2018

Appellate Term, First Department: August 9, 2018

Connecticut Law Tribune |Case Digests

Hickey v. Commissioner of Correction

August 13, 2018

Habeas Court Erred In Concluding Trial Counsel's Deficient Performance Required New Trial

New York Law Journal |Case Digests

Appellate Division, Second Department: August 8, 2018

August 10, 2018

Appellate Division, Second Department: August 8, 2018

New York Law Journal |Case Digests

In The Matter of Rensselaer County Sheriff's Department v. New York State Division Of Human Rights et al.

August 10, 2018

In The Matter of Rensselaer County v. New York State

New York Law Journal |Case Digests

The People of The State of New York v. Paula F. Gretzinger

August 10, 2018

New York v. Paula F. Gretzinger

New York Law Journal |Case Digests

The People of The State of New York v. Alexis Rodriguez

August 10, 2018

New York v. Alexis Rodriguez

New York Law Journal |Case Digests

The People of The State of New York v. Casey Wilson

August 10, 2018

New York v. Casey Wilson

New York Law Journal |Case Digests

Appellate Term, Second Department: August 8, 2018

August 10, 2018

Appellate Term, Second Department: August 8, 2018

New York Law Journal |Case Digests

Appellate Division, Second Department: August 8, 2018

August 10, 2018

Appellate Division, Second Department: August 8, 2018

New York Law Journal |Case Digests

People v. Ermmarino

August 10, 2018

Information Charging Operating a Vehicle While Using a Mobile Device Facially Sufficient

New Jersey Law Journal |News

Justices Say No Actual Harm Needed to Prove Child Endangerment

Michael Booth | August 09, 2018

Not one published opinion holds otherwise," Justice Walter Timpone said. "We find no reason to disturb the decades-old sound precedent predicated on the plain language of the statute.

National Law Journal |News

Sotomayor's Barbed Dissent in Death Penalty Case Charges 'Rush to Execute'

Marcia Coyle | August 09, 2018

"If the law permits this execution to go forward in spite of the horrific final minutes that [Billy Ray] Irick may well experience, then we have stopped being a civilized nation and accepted barbarism. I dissent," Sotomayor wrote.

New York Law Journal |Analysis

Lenient Sentencing; Supervised Release; Discovery Issues

Harvey M. Stone and Richard H. Dolan | August 09, 2018

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York.

New York Law Journal |News

Martoma Seeks En Banc Hearing Over Circuit's Insider Trading Divide

Colby Hamilton | August 09, 2018

A split panel ruled twice that Martoma's insider trading conviction should be upheld, despite the minority's critique that it undermined U.S. Supreme Court and circuit law on insider trading.

The Legal Intelligencer |Commentary

Pa. Supreme Court to Decide Retroactivity of 'Birchfield v. North Dakota'

Anthony L. Ciuca | August 09, 2018

The Pennsylvania Supreme Court granted allocatur in Commonwealth v. Hays, 2018 Pa. Super. Unpub. LEXIS 176 (Jan. 19, 2018), on July 24, to decide the following: Should Birchfield v. North Dakota, 136 S. Ct. 2160 (2016), apply to all cases not yet final when the decision was rendered?

The Legal Intelligencer |News

Ex-Congressman Fattah's Bribery Convictions Overturned, Eligible for Retrial

P.J. D'Annunzio | August 09, 2018

The U.S. Court of Appeals for the Third Circuit held Thursday that Fattah and wealthy friend Herbert Vederman should have a second chance on multiple bribery-related counts of the indictment against them, which allege a scheme involving Fattah trying to secure an ambassadorship for Vederman, among other things.

New York Law Journal |Case Digests

Appellate Division, Second Department:August 7, 2018

August 09, 2018

Appellate Division, Second Department:August 7, 2018

New York Law Journal |Case Digests

Appellate Term, First Department: August 7, 2018

August 09, 2018

Appellate Term, First Department: August 7, 2018

The Recorder |News

'Sham' Marriage, Secret Recordings and a Ruling Prosecutors Won't Love

C. Ryan Barber | August 08, 2018

The Ninth Circuit, overturning a California judge, declined the U.S. Justice Department's push to apply the "sham marriage exception" to pierce protections accorded to marital communications.

New York Law Journal |Case Digests

Appellate Division, Second Department:August 6, 2018

August 08, 2018

Appellate Division, Second Department:August 6, 2018

New York Law Journal |Case Digests

Appellate Term, First Department: August 6th, 2018

August 08, 2018

Appellate Term, First Department: August 6th, 2018

New York Law Journal |News

Separate Second Circuit Decisions Go Prosecutors' Way in Sampson Appeals

Colby Hamilton | August 07, 2018

A panel issued two decisions, one upholding Sampson's convictions on obstruction of justice and lying to investigators, while the over reversed and remanded back to the district court a question on previously dismissed embezzlement charges.

New York Law Journal |Case Digests

Appellate Division, Second Department:August 3, 2018

August 07, 2018

Appellate Division, Second Department:August 3, 2018

The Legal Intelligencer |Case Digests

Commonwealth v. Presley

August 07, 2018

Since a Post Conviction Relief Act appeal is a "criminal case" for purposes of Pa.R.App.P. 1925(c)(3) and PCRA counsel was per se ineffective in failing to timely file a rule 1925(b) statement, the court reviewed the substance of defendant's contention that the PCRA court erred in dismissing his underlying ineffective assistance of counsel claim. The appellate court affirmed defendant's judgment of sentence.

New Jersey Law Journal |

BAR REPORT - Capitol Report

New Jersey State Bar Association | August 06, 2018

Oral arguments on breath test case scheduled

New York Law Journal |Case Digests

People v. Hakim

August 06, 2018

Color of Cell Phone Not Element of Using Portable Electronic Device While Driving Offense

New York Law Journal |Case Digests

Appellate Term, Second Department:July 26, 2018

August 06, 2018

Appellate Term, Second Department:July 26, 2018

Daily Report Online |Case Digests

Saunders v. The State

August 06, 2018

Record Does Not Show That Defendant Intentionally Relinquished Her Right to Counsel

Texas Lawyer |Case Digests

Pena v. State Of Texas

August 06, 2018

After observing that appellant's vehicle did not have a rear license plate and then watching him make abrupt, unsafe lane changes followed by a turn without signaling, police turned on the patrol unit's sirens and lights and initiated a traffic stop.

Texas Lawyer |Case Digests

Quick v. State Of Texas

August 06, 2018

Appellant approached several students on his college campus and stabbed them with an Exacto knife.

New York Law Journal |Case Digests

Smith v. Underwood

August 06, 2018

'Batson' Claim Over Struck Juror Fairly Presented to Appellate Division, Exhausted

Texas Lawyer |Case Digests

Majors v. State Of Texas

August 06, 2018

Appellant was stopped in his vehicle by police for failing to signal and after police discovered his license was suspended and he had a prior felony conviction, he was placed under arrest.

Texas Lawyer |Case Digests

Liller v. State Of Texas

August 06, 2018

After appellant got in a fight with his brother and another man, Rivera, he got in his car and sped away, running over and killing Rivera who was allegedly trying to pull appellant out of the vehicle.

Connecticut Law Tribune |Case Digests

State v. Roszkowski

August 06, 2018

Defendant's Challenge to Sentence of Death and Collateral Consequences Dismissed As Moot and Unripe

Connecticut Law Tribune |Case Digests

Eubanks v. Commissioner of Correction

August 06, 2018

Habeas Claim Rejected Because No Testimony, Evidence or Argument Was Presented to Habeas Court on Issue

The Recorder |Case Digests

Henry v. Spearman

August 06, 2018

Reliance on 2015 Supreme Court case announcing new rule of law entitled petitioner to file second habeas petition

New York Law Journal |Analysis

Privacy and the Fourth Amendment: 'Carpenter' Nails It

Barry Kamins | August 03, 2018

In his column on Criminal Law and Procedure, Barry Kamins analyzes 'Carpernter v. U.S.,' a landmark decision significantly affecting digital privacy.

The Legal Intelligencer |News

High Schooler on the Hook for Felony Charge Over Pep Rally Warning

P.J. D'Annunzio | August 01, 2018

A high school student who was charged with making terroristic threats after telling classmates to avoid a pep rally because "something big" was going to happen cannot escape a felony charge, an appeals court has ruled.

New York Law Journal |Analysis

Should I Stay or Should I Go? Reviewing Documents Here or Abroad

Michael E. Gertzman and Michael J. Pernick | August 01, 2018

Michael E. Gertzman and Michael J. Pernick, in a column on International Litigation, write about how the Second Circuit changed the analysis of whether to review an overseas client's documents here or abroad.

New Jersey Law Journal |News

Supreme Court Sets New Evidentiary Standard in Child Sex Abuse Cases

Katheryn Tucker | August 01, 2018

In a 58-page opinion authored by Chief Justice Stuart Rabner, the unanimous court ruled against the admissibility of most elements of a theory, child sexual abuse accommodation syndrome, long used to explain why children often don't disclose sexual abuse until they grow up.

National Law Journal |

DC Circuit Rejects Manafort's Bid for Freedom Pending Trial

C. Ryan Barber | July 31, 2018

"It was also not lost on the district court that appellant had been warned about 'skating close to the line' with respect to the potential violation of the gag order," the D.C. Circuit panel said Tuesday.

The Legal Intelligencer |News

Justices Poised to Address 'Birchfield' Retroactivity Head-On

Zack Needles | July 26, 2018

The Pennsylvania Supreme Court has granted allocatur in a DUI case to tackle one seemingly straightforward question: "Should Birchfield v. North Dakota apply to all cases not yet final when the decision was rendered?"

New Jersey Law Journal |News

High Court Sets Limits on Hearsay Basis for Collecting DNA

Michael Booth | July 25, 2018

Hearsay evidence can be the basis for collecting DNA, but the evidence must indicate that there is a likely chance that the DNA sample will further the prosecution's case, the court held.

Connecticut Law Tribune |News

Court: Death Sentence Must Stay on Record Despite Being 'Unconstitutional'

Robert Storace | July 24, 2018

The Connecticut Supreme Court's 5-0 ruling on Monday in the case of convicted murderer Richard Roszkowski was mixed, with both the defense and prosecution winning small victories.

The Legal Intelligencer |News

Grand Jury Judge Says AG's Brief Seeking to Unseal Sex Abuse Report Should Be Made Public

Max Mitchell | July 20, 2018

The Pennsylvania attorney general's recent brief seeking to unseal a secret grand jury report should be made public, a common pleas judge has ruled.

New York Law Journal |Analysis

Second Quarter Appellate Review

E. Leo Milonas and Andrew C. Smith | July 19, 2018

E. Leo Milonas and Andrew C. Smith bring us their Appellate Division Review, highlighting some of the home runs hit by the Appellate Divisions during the second quarter of 2018.

The Legal Intelligencer |Commentary

Pa. Death Penalty Report Is Chock-Full of Recommendations

Matthew T. Mangino | July 19, 2018

Did the commonwealth of Pennsylvania need a report, six and a half years in the making, to acknowledge that the state's death penalty has some problems?

Daily Business Review |News

Scott Signs Death Warrant in 1992 Miami-Dade Murder

Jim Saunders, News Service of Florida | July 19, 2018

Gov. Rick Scott signed a death warrant for inmate Jose Antonio Jimenez, who was convicted in the October 1992 killing of 63-year-old Phyllis Minas, whose neighbors heard her shout, “Oh God! Oh my God!” during the attack, according to court documents.

New York Law Journal |News

Former State Senate Majority Leader Again Found Guilty on All Counts in Retrial

Colby Hamilton | July 17, 2018

Dean Skelos was accused of leveraging his power over companies in need of government assistance to secure low- or no-show jobs for his son Adam Skelos.

New Jersey Law Journal |News

Weekend Jail 'Not an Option' for Multiple Drunken-Driving Offenders, Court Rules

Michael Booth | July 16, 2018

Weekend service is not an option," the court said. "Nowhere ... is there any indication the legislature intended ... to weaken the penalties for third or subsequent DWI offenders by allowing them to be periodically released before they have served the 180 days.

Daily Report Online |News

Republican AGs Urge Speedy Confirmation of Trump SCOTUS Pick

Katheryn Tucker | July 12, 2018

“As the chief legal officers of our states, we write to urge the United States Senate to promptly hold a hearing on and confirm the nomination of Judge Brett M. Kavanaugh to the Supreme Court of the United States."

The Legal Intelligencer |News

Krasner Adds Five Lawyers—Mostly Local—Continuing His Reshaping of DA's Office

Max Mitchell | July 12, 2018

Philadelphia District Attorney Larry Krasner is continuing to beef up his office after dozens of high-profile departures during the first six months of his term.

Daily Report Online |News

Judge Drops Case Against 3 Soldiers Who Spent 25 Years in Prison

Katheryn Tucker | July 12, 2018

“It's all over for the soldiers. They are free and they can finally breathe in peace without fear,” said Jim McCloskey, founder of the Princeton, N.J.-based Centurion Ministries innocence project, which won the reversal.

New York Law Journal |Analysis

Prison Excessive Force Cases: A Primer

Ilann M. Maazel | July 11, 2018

In his column on Civil Rights Litigation, Ilann M. Maazel explains the basic standard for bringing civil rights actions for prison brutality by state or local corrections officers.

The Recorder |Expert Opinion

On Appeals: Is 'Espy' as Precedential as the President Presumes?

Charles Kagay | July 10, 2018

At the simplest level, "Espy" appears to be at best an incomplete guide to the question of whether presidential testimony can be compelled, since the decision addressed only a document subpoena.

New York Law Journal |In Brief News

Court of Appeals Agrees to Consider New Trial in Murder Case

Dan M. Clark | July 06, 2018

Court of Appeals Judge Rowan Wilson granted prosecutors leave to appeal a decision from the Appellate Division, Second Department that threw out John Giuca's conviction in February.

Daily Business Review |News

Nevada Execution Plan Sedative Blamed for Troubles Elsewhere

Ken Ritter, Associated Press | July 06, 2018

The American Civil Liberties Union of Nevada pointed to Arizona's decision to stop using midazolam following an execution that took nearly two hours to kill Joseph Rudolph Wood.

The Legal Intelligencer |News

Can 'Anti-Social' Facebook and Instagram Posts Violate Probation?

Zack Needles | July 05, 2018

The Pennsylvania Supreme Court has agreed to hear arguments over whether probation can be revoked because of offensive social media posts even if no specific condition of probation was violated.

Texas Lawyer |News

Fifth Circuit Criticizes Houston Federal Judge for Alleged Sexist Remarks

John Council | July 05, 2018

The U.S. Court of Appeals for the Fifth Circuit criticized U.S. District Judge Lynn Hughes in a recent decision after he apparently attributed a female…

Daily Report Online |News

His Meth Conviction Upheld, Disbarred Lawyer Thanks Judge, DA for Intervention

Greg Land | July 03, 2018

The Court of Appeals upheld the conviction of former prosecutor and criminal defense lawyer Rand Csehy, who was charged with possession of meth after a judge ordered him to take a urine test when he appeared unsteady and disheveled in court.

New York Law Journal |News

Upcoming SCOTUS Case Could Complicate NY Effort to Close Double Jeopardy 'Loophole'

Colby Hamilton | Dan M. Clark | July 02, 2018

The move by the nation's highest court to hear the challenge to the “separate sovereigns” exception comes as New York lawmakers, eyeing possible Trump pardons, seek to close a loophole in the state's own double jeopardy protections.

Daily Report Online |News

Supreme Court Tosses Guilty Plea in Lil Wayne Tour Bus Shooting

Katheryn Tucker | July 02, 2018

The Georgia Supreme Court has tossed out a conviction over a judge's words encouraging a man to plead guilty to charges related to a drive-by shooting…

The Legal Intelligencer |News

Meek Mill, in Bid to Remove Judge, Asks Pa. Supreme Court to Take Up Case Again

Max Mitchell | June 28, 2018

Meek Mill's appeal, which was filed late Wednesday, marks the third time since March that the embattled hip hop star has asked the state's highest court to intervene in the proceedings.

The Legal Intelligencer |News

Pa. Justices' Decision to Seal Sex Abuse Report May Presage Change in Role of Grand Juries

Max Mitchell | June 28, 2018

The Pennsylvania Supreme Court's decision last week to halt the publication of a widely anticipated grand jury report about alleged sexual abuse of minors in the Catholic Church caused a stir across the state, but, perhaps, for the wrong reasons.

Daily Report Online |News

On the Rise: Amanda R. Clark Palmer

Jonathan Ringel | June 28, 2018

Practicing criminal defense lets me help people during some of the toughest challenges in their lives, and there's almost never a dull moment.

Daily Report Online |News

On the Rise: Mark Loudon-Brown

Jonathan Ringel | June 28, 2018

My biggest hurdle has been, and continues to be, how to most effectively get my audience to see my client as the human being they are, rather than just the charge attached to their name.

Daily Report Online |News

On the Rise: Adam Abbate

Jonathan Ringel | June 28, 2018

My youngest brother was killed in 2002, and I knew that I wanted to make sure what happened to my family wouldn't happen to others.

National Law Journal |News

US Supreme Court Turns Down Challenges to Death Penalty

Marcia Coyle | June 28, 2018

"I remain of the view that the court should grant the petitions now before us to consider whether the death penalty as currently administered violates the Constitution's Eighth Amendment," Justice Breyer wrote on Thursday.

Daily Business Review |News

Florida Supreme Court to Take Up 'Stand Your Ground' Split

Jim Saunders, News Service of Florida | June 27, 2018

The controversial 2017 change shifted a key burden of proof in “stand your ground” cases, a shift that can play a role in determining whether people claiming self-defense should be shielded from prosecution.

The American Lawyer |Analysis

Big Law Set Its Sights on Second Chances for Juvenile Inmates

Ben Seal | June 27, 2018

Lawyers around the country devoted their pro bono time to ensuring juveniles sentenced to mandatory life without parole were given a shot at freedom following two U.S. Supreme Court rulings.

The Legal Intelligencer |News

Pa. Superior Court Affirms Spanier Conviction

Max Mitchell | June 26, 2018

A split three-judge panel ruled Tuesday to affirm the guilty verdict a Dauphin County jury handed up last year on a single count of endangering the welfare of a child.

New York Law Journal |News

Court of Appeals Grants Defendant New Trial in Criminal Case After Closing Remarks Barred

Dan Clark | June 26, 2018

The court unanimously agreed in a reversal from the Appellate Term that a trial court should not have denied William Harris' attorney the opportunity to give closing remarks at his trial in 2013.

New York Law Journal |Analysis Expert Opinion

Substantive Reasonableness Review Finally Getting Teeth in the Second Circuit

Martin Flumenbaum and Brad S. Karp | June 26, 2018

The main doctrinal source of the modern federal sentencing regime is United States v. Booker, 543 U.S. 220 (2005). The U.S. Supreme Court in Booker famously ruled that the U.S. Sentencing Guidelines, which had been binding, must be advisory to be constitutional.

The Legal Intelligencer |News

Brinkley Denies Meek Mill's Bid to Overturn Conviction Based on Officer's Credibility

Max Mitchell | June 26, 2018

Rapper Meek Mill's bid to overturn a decade-old conviction has been denied by the trial judge his team had tried to remove from the case.

National Law Journal |News

Reed Smith Bolsters Readiness in Russia Case, Adding Appellate Duo

C. Ryan Barber | June 25, 2018

Reed Smith appellate partners James Martin and Colin Wrabley are joining the firm's court work in a Russia-related case in Washington brought by special counsel Robert Mueller III.

New York Law Journal |News

Second Circuit Panel Again Affirms Insider Trading Conviction but Trims Sails in Wake of SCOTUS Ruling

Colby Hamilton | June 25, 2018

While the majority suggested its own decision in 'Newman' still held insider trading convictions, the dissent argued the amended decision was merely playing with semantics.

National Law Journal |News

US Supreme Court Rejects 'Making a Murderer' Case

Tony Mauro | June 25, 2018

The high court's action has the effect of leaving in place Brendan Dassey's sentence of life in prison with eligibility for release in 2048. The petition, filed by former U.S. Solicitor General Seth Waxman, now a partner at Wilmer Cutler Pickering Hale and Dorr, was accompanied by an array of cert-stage amicus briefs.

New York Law Journal |Letter to the Editor

No Support for Rampant Prosecutorial Misconduct

Richard A. Brown | June 25, 2018

The legislature has elected to pass legislation that subjects prosecutors, alone among those who practice law, to a duplicative and intrusive process that is not only violative of the state constitution, but will surely cause delay to the progress of ongoing investigations and prosecutions, much to the detriment of all New Yorkers.

Texas Lawyer |News

Appellate Lawyer of the Week: Austin Federal Public Defender Beats the Odds in SCOTUS Victory

John Council | June 22, 2018

Nobody wants to spend any more time in federal prison than they absolutely have to. And that's why U.S. Sentencing Guideline challenges are by far…

New Jersey Law Journal |Commentary

Juvenile Sex Offenders Have Right to End Megan's Law Notification Requirement

Louis Locascio | June 22, 2018

OP-ED: In a well-reasoned unanimous decision, Justice Albin held that the irrebuttable presumption that a juvenile sex offender can never be rehabilitated and therefore is subject to a lifetime Megan's Law notification requirement is unconstitutional.

The Legal Intelligencer |Commentary

Athletes Use Unique Position to Call for Criminal Justice Reform

Angus Love | June 22, 2018

An ancient Chinese philosopher once opined that he wished to live in interesting times, and we certainly have that opportunity.

National Law Journal |News

Justices, in Nod to Privacy, Restrict Police Power to Obtain Mobile Phone Data

Tony Mauro | Marcia Coyle | June 22, 2018

The 5-4 decision in Carpenter v. United States marks a win for privacy interests in the ongoing tug-of-war over data privacy in the digital age. Chief Justice John Roberts Jr. wrote the majority opinion.

The Legal Intelligencer |Commentary

Pa. Supreme Court Tackles Case Involving DUI Arrestee's Blood Test Refusal

Anthony L. Ciuca | June 21, 2018

In Pennsylvania, if you refuse to submit a sample of blood for testing without a search warrant after a lawful DUI arrest the commonwealth may introduce evidence of your refusal against you at trial pursuant to 75 Pa.C.S. Section 1547, commonly referred to as the Implied Consent Law.

Daily Business Review |News

South Florida Jury Convicts Lawyer of Making False Statements in Real Estate Paperwork

Samantha Joseph | June 20, 2018

The attorney owned a title company handling condo-hotel unit closings.

The Legal Intelligencer |News

Meek Mill's Post-Conviction Hearing Grows Heated as Judge Pushes Back on Rapper's Claim

Max Mitchell | June 18, 2018

Neither counsel for embattled rapper Meek Mill, nor Philadelphia Judge Genece Brinkley, who has faced intense criticism from Mill's legal team, showed any sign of backing down during a contentious hearing Monday into whether the hip-hop star should be granted a new trial.

National Law Journal |News

Justices Add Key Cases on Apple's Antitrust Woes, Asset Forfeiture and Securities Fraud

Tony Mauro | June 18, 2018

U.S. Solicitor General Noel Francisco also urged the justices to grant review in the Apple antitrust case, which will be argued this fall. “The importance of the question presented will only grow as commerce continues to move online,” he wrote. The Apple dispute was one of five case the justices added to their argument docket for the 2018-2019 term.

The Legal Intelligencer |Filing Fanatics News

Pa. AG Backs Fina in Ex-Prosecutor's Fight Against Disciplinary Charges

Max Mitchell | June 18, 2018

The Pennsylvania Attorney General's Office is seeking to file an amicus brief supporting Frank Fina in the ex-prosecutor's fight against disciplinary charges.

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