By Allison Dunn | January 12, 2024
"Counsel's constructive absence during either a significant portion of trial or an important aspect of trial so offends the constitutional protections surrounding the right to assistance of counsel that it renders the entire adversary process 'presumptively unreliable' and creates an uncurable error," Chief Justice Kimberly S. Budd wrote.
By Cheryl Miller | January 10, 2024
In its annual review of the high court, the California Constitution Center found the seven justices in sync in their legal views.
By Avalon Zoppo | January 9, 2024
Vacancy enables Biden to make a fourth pick for the Richmond, Virginia-based appeals court.
By Avalon Zoppo | January 9, 2024
The appellate court appears skeptical of the former president's immunity claim.
By Colleen Murphy | January 8, 2024
"To the extent the practice exists, it should not be continued," Chief Justice Stuart Rabner wrote. "For reasons discussed earlier, the act of showing and then reshowing a photo can affect and distort a person's memory."
By Avalon Zoppo | January 5, 2024
Avenatti's attorney argued that U.S. District Judge Jesse Furman's instruction had singled out and coerced the holdout, warranting a new trial.
New York Law Journal | Analysis
By William C. Donnino | January 4, 2024
In a split decision, the Court of Appeals in 'People v. Debellis' held that defense counsel did not provide meaningful representation because counsel failed to request a jury instruction on the "defense of voluntary surrender" of a firearm pursuant to Penal Law §265.20(a)(1)(f).
New York Law Journal | Analysis
By Evan T. Barr | January 3, 2024
The U.S. Supreme Court granted certiorari in 'McIntosh v. United States' to determine whether a district court may enter a preliminary order of forfeiture divesting a defendant of his or her property outside the time limits set forth in the Federal Rules of Criminal Procedure. The court's decision in 'McIntosh' may clarify whether the government can be strictly held to the kinds of deadlines that bedevil every other litigant.
By Avalon Zoppo | December 28, 2023
Anti-terrorism efforts, venue, drug pricing, defamation and air pollution appear to be heading to the Supreme Court.
New Jersey Law Journal | Commentary
By Louis F. Locascio | December 28, 2023
Does an expert's "rule of thumb" assessment meet scientific standards, or should it be inadmissible? Former Monmouth County Superior Court Judge Louis Locascio weighs in on the recent New Jersey Supreme Court ruling.
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