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Analysis of major changes to criminal law and its impact
By The Associated Press | May 22, 2023
Joseph Clifton Smith, 52, was convicted and sentenced to death for the 1997 beating death of Durk Van Dam. Van Dam died as a result of 35 blunt-force injuries to his body, according to testimony from a forensic pathologist.
3 minute read
By Mason Lawlor | May 19, 2023
The Mississippi Court of Appeals has reversed and remanded a trial court ruling that sentenced a man to 20 years because the judge did not investigate the potential misconduct of a juror who used the Internet to search legal terms and possible sentences during deliberations.
4 minute read
By Adrian Sainz and Jonathan Mattise | The Associated Press | May 19, 2023
The law passed in April by the GOP-led Tennessee Legislature and signed by Republican Gov. Bill Lee has generated opposition from attorneys and Democratic lawmakers. They say the change violates the state Constitution, bypasses the will of voters and targets progressive-minded district attorneys who have defied lawmakers in the past.
6 minute read
By Avalon Zoppo | May 18, 2023
Appeals court rejects government's claims of honest services and property fraud.
6 minute read
By Riley Brennan | May 17, 2023
"Recalling the mandate in the unique circumstances of Rhone's case accomplishes this mission; we must allow him to benefit from the rule he proposed that ultimately became the law in this state," the court said.
3 minute read
By Allison Dunn | May 16, 2023
"The judge instructed the jury that closing arguments are not evidence, and that it was their duty to determine the facts and to apply the facts to the law as explained by the judge. The judge also properly instructed on the meaning of reasonable doubt. In light of these instructions, and the strength of the Commonwealth's case, we are confident that the ill-advised comment would have had no effect on the jury's verdict," Justice Frank M. Gaziano wrote on behalf of the unanimous Massachusetts Supreme Judicial Court
5 minute read
By Riley Brennan | May 12, 2023
"Mr. Woods did not surrender his reasonable expectation of privacy when his wife answered a knock on the closed door of their home. Further, during the entire encounter, Mr. Woods stood behind his wife inside the home. As such, Mr. Woods was not in a 'public place' when the officers initiated the arrest," the court said. "The officers' entry into Mr. Woods' home without a warrant also was not justified given the absence of any exigent circumstances, such as the need to prevent the imminent destruction of evidence or to prevent a suspect's escape."
4 minute read
By Allison Dunn | May 11, 2023
"To arrive at this counter-intuitive construction, the majority exploits a grammatical awkwardness and arrives at counter-intuitive results because the location of the overdose is wherever someone has a good faith belief that they have a life-threatening condition relating to the ingestion of drugs," Judge Vernida R. Chaney wrote in a dissenting opinion.
6 minute read
By Max Mitchell | May 11, 2023
Fundraising totals so far for 2023 appear down slightly from the amounts frontrunners had brought in during the last state Supreme Court race in 2021.
4 minute read
By Riley Brennan | May 11, 2023
"The totality of the circumstances shows that the State chose to remove every juror who exhibited an awareness of racial justice issues when a Black defendant was on trial," the appeals court said.
5 minute read
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