By Tony Mauro | August 2, 2019
Michael Dreeben, a former longtime deputy U.S. solicitor general, displayed a lighter side at a party in Washington on Thursday attended by leading Supreme Court advocates.
New York Law Journal | Analysis
By Barry Kamins | August 2, 2019
On June 30th, New York became the seventh state to ban what is referred to as the “gay and trans panic defense”—a defendant is now precluded from raising the defense of extreme emotional disturbance upon discovering a victim’s sexual orientation, sex or gender. The defense had been used to mitigate a defendant’s culpability in a murder case by reducing the crime to manslaughter in the first degree. A number of defense organizations have opposed the law on the ground that it violates a defendant’s right to due process by preventing an individual from raising a defense at trial or for purposes of plea bargaining. In his Criminal Law and Procedure column, Barry Kamins explores the new law and the legal challenges it may face.
By Tom McParland | August 1, 2019
The ruling may impact prosecutions involving wealthy defendants, such as Jeffrey Epstein, who last month was denied in his bid to wait out trial on underage sex-trafficking charges from his Manhattan townhouse.
The Legal Intelligencer | News
By Zack Needles | August 1, 2019
The Pennsylvania Supreme Court has granted an appeal in a high-profile murder case to decide whether to retroactively apply its landmark 2017 decision raising the prosecutorial burden for seeking life without parole for juvenile offenders.
By Jim Saunders | August 1, 2019
In a concurrence, Judge Cory Ciklin wrote that a new trial was required because it could not be shown that critical testimony from the highway patrol officer meet the expert-witness standard.
New York Law Journal | Analysis
By Michael J. Hutter | July 31, 2019
In his Evidence column, Michael J. Hutter discusses 'People v. Smith', writing that the decision—including both the opinion of the Court of Appeals and the dissenting opinion of Justices Carni and Lindley—is required reading for a trial lawyer, as it complements the missing witness charge as provided in NY PJI3d and CJ2d.
New Jersey Law Journal | Commentary
By James H. Maynard | July 26, 2019
OP-ED: The legislature should step up, rather than call for judges to step down.
By Marcia Coyle | July 25, 2019
"That protocol obviously will be subject to examination in our lethal injection litigation," a lawyer involved in a 14-year-old federal case in Washington says.
By Marcia Coyle | July 25, 2019
"That protocol obviously will be subject to examination in our lethal injection litigation," a lawyer involved in a 14-year-old federal case in Washington says.
By Raychel Lean | July 25, 2019
Fourth District Court of Appeal Judge Robert M. Gross wrote that he often sees arguments that overlook Florida Statutes governing hearsay in favor of focusing on broader case-law analysis.
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