New York Law Journal | Analysis
By Paul Shechtman | April 20, 2020
The court in 'Williams' denied the defense's request for a 'Frye' hearing on LCN DNA testing.
By Raychel Lean | April 16, 2020
David Puy captioned a photo of himself before posting it on Snapchat in May 2018. It was a post he'd come to regret.
By Jason Grant | April 16, 2020
"With our transition to a virtual court model nearly complete," announced the First Department, the appellate court will soon resume calendaring appeals and motions, scheduling conferences, and holding some oral arguments, though now via Skype. Attorney admissions and processing attorney grievance complaints will also resume.
By R. Robin McDonald | April 13, 2020
The former NSA contractor is serving a 63-month sentence for leaking a document to an online media publication.
By Tom McParland | April 9, 2020
Silver, who served as Assembly speaker from 1994 to 2015, was initially found guilty of bribery, money laundering, extortion and other charges in 2015, but the Second Circuit later vacated the conviction in 2017, and remanded the case to a Manhattan federal judge for retrial.
The Legal Intelligencer | News
By P.J. D'Annunzio | April 9, 2020
"The record demonstrates that no scientific method exists for dating DNA deposits, and that Dr. Wecht's methodology is not generally accepted in the forensic pathology field," the Superior Court said. "We conclude trial counsel had no reasonable basis for failing to seek preclusion of Dr. Wecht's testimony under Frye, and the admission of his testimony caused substantial prejudice to appellant."
New Jersey Law Journal | Analysis
By Alan Silber and Darcy Baboulis-Gyscek | April 9, 2020
Due Process requires that discovery must be a "two-way street" or provide for equality of the burdens placed on the respective parties.
New York Law Journal | Analysis
By Barry Kamins | April 6, 2020
Forty-four years ago, the Court of Appeals held, in People v. DeBour, that New York must assess the propriety of street encounters that do not rise to a level of a seizure for the purpose of the Fourth Amendment. In his Criminal Law and Procedure column, Barry Kamins discusses how the Court has more recently taken up the issue of whether DeBour can be applied to non-criminal offenses.
New Jersey Law Journal | Commentary
By Marie E. Lihotz and Marianne Espinosa | April 6, 2020
APPELLATE ANSWERS: Don't make the mistake of believing a trial judge's certification stating the order is final makes it so. The Appellate Division is not bound by the order and has "the sole discretion" to permit an interlocutory appeal.
By Jonathan Ringel | April 3, 2020
One process is in Gov. Brian Kemp's office, while two sets of litigation to force an election to choose Blackwell's successor are going forward, and in the most advanced case, the state Supreme Court announced Friday that a ruling may not come soon.
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