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Analysis of major changes to criminal law and its impact
By Max Mitchell | October 3, 2023
Precedent should only be disregarded or altered where the particular issue has outlived its usefulness or created an injustice predicated on changing societal conditions.
7 minute read
By Law Journal Editorial Board | October 1, 2023
In the end, the Pulsifer case is all about language.
5 minute read
By Marianna Wharry | September 28, 2023
"[T]he Supreme Court held that Washington's mandatory 'Three Strikes' law may be applied to childhood offenses, and that crimes committed by a child may count as automatic 'strikes' toward a life without parole sentence," Jan Trasen, of the Washington Appellate Project, said in statement. "This disregards evidence-based [Washington state] precedent that 'children are different' from adults, and that they must be sentenced differently. As the dissenting justices said, 'A juvenile charged and sentenced in adult court does not magically become an adult because of the venue in which the case is resolved. … Children are different and age matters.'"
4 minute read
By Avalon Zoppo | September 18, 2023
A divided 6th Circuit lets stand decision that law does not apply to a sentence imposed prior to enactment.
4 minute read
By Brian Lee | September 14, 2023
The Appellate Division, Third Department reversed a decision to grant a subpoena against a reporter covering a murder investigation.
3 minute read
By Colleen Murphy | September 14, 2023
"Although the State has demonstrated general acceptance in the pediatric community, we agree with Judge Jimenez that the State has not demonstrated general acceptance of the SBS/AHT hypothesis to justify its admission in a criminal trial," Judge Greta Gooden Brown wrote for the appellate court.
5 minute read
By Riley Brennan | September 13, 2023
"To avoid constitutional vagueness concerns in the circumstances of this honest services fraud case, the government should be required to prove beyond a reasonable doubt that an elected official explicitly agreed to take a particular official act because he was paid for outside employment," former City Councilmember Bobby Henon argues in the appellate brief.
5 minute read
By Andrew Denney | September 13, 2023
David Patton's track record before juries in federal courtrooms in Manhattan and Brooklyn helped secure his new private-sector job, Kaplan Hecker name partner Roberta Kaplan said.
3 minute read
By Avalon Zoppo | September 13, 2023
Fellow judges recall the Olympic sailor-turned-jurist as a strong advocate for his native Puerto Rico.
4 minute read
By Avalon Zoppo | September 8, 2023
The unanimous panel says the end date of supervised release does not change even if a parolee absconds.
3 minute read
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