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Analysis of major changes to criminal law and its impact
By Colleen Murphy | January 9, 2023
In an issue of first impression, the Appellate Court of Maryland held that the circuit court erred in awarding a victim attorney fees and that under the plain language of the applicable statute, the "direct out-of-pocket loss" provision exclusively authorizes courts to award restitution losses resulting from a victim's physical or mental injury.
5 minute read
By Everett Catts | January 6, 2023
"Jurors think that felony murder is a lesser punishment or a fair compromise when they cannot reach a unanimous decision in deliberations," veteran defense attorney Scott Smith said. "The jury almost always does not know the minimum punishment to a conviction for felony murder is life in prison. There is a movement among the defense bar to inform the jury of the sentencing range where there are mandatory minimums the court is bound by."
12 minute read
By Cedra Mayfield | January 5, 2023
"A no-knock provision is permissible only when based on a neutral evaluation of each case's particular facts and circumstances, not on blanket provisions based on generalized experience," the Georgia Court of Appeals ruled.
7 minute read
By Quentin Brogdon | January 5, 2023
In the wake of In re Kararay, parties can no longer obtain broad, untargeted cell-phone data right out of the gate. Parties must first satisfy a two-step process before obtaining broad access to cell-phone data.
9 minute read
By Matthew T. Mangino | January 5, 2023
As the new, more stringent, law took effect the Pennsylvania Superior Court made a timely decision in Commonwealth v. Richards, No. 1673 EDA 2020 (Oct. 4, 2022) to clarify when a previous DUI/ARD is also a considered a prior DUI for purposes of grading a subsequent DUI.
6 minute read
By Avalon Zoppo | January 5, 2023
One juror watched the trial virtually for the first two days because his wife was potentially sick with COVID-19.
2 minute read
By Emily Cousins | January 3, 2023
"Our decision today gives police officers an incentive to evade the requirements of 'Miranda' merely by telling a suspect that he is free to leave but explaining why doing so will result in his arrest," the dissent said.
4 minute read
By Colleen Murphy | January 3, 2023
"As a threshold matter, the district court did not abuse its discretion by limiting its sentencing scope and refusing to reconsider Maldonado-Passage's previously denied motion to dismiss for multiplicity," stated Senior Judge Michael R. Murphy in his written opinion for the court. "Therefore, no vehicle to challenge the § 1958(a) components of his sentence as multiplicitous remains. Nonetheless, this court also confirms § 1958(a)'s 'plot centric' unit of prosecution permits separate offenses and consecutive sentences when, as here, two unrelated hitmen are hired to kill the same person."
6 minute read
By Thomas R. Newman and Steven J. Ahmuty Jr. | January 3, 2023
Justice Ketanji Brown Jackson's approach to judging—to evaluate the facts and interpret and apply the law to the facts of the case without fear or favor—should be the norm for all appellate judges, including judges of our Court of Appeals.
10 minute read
By Law Journal Editorial Board | December 30, 2022
We hope and trust that the balancing test adopted in 'State v. Ramirez' protects the rights and privacy of sexual assault victims without interference with the fair trial rights of a defendant charged with sexual assault.
5 minute read
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