By Angela Morris | July 2, 2019
Defendant Gloria Ann Palacios claimed her cousin hired attorney Mark Fernandez to represent her, and paid the attorney cash and real property. Fernandez disputed this. Later, the cousin was also indicted for his role in a related drug conspiracy.
New York Law Journal | Analysis
By Thomas R. Newman and Steven J. Ahmuty Jr. | July 2, 2019
In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. examine two jurisdictional considerations: “aggrievement” (CPLR 5511) and “appealable paper” (CPLR 5512). The volume of cases addressing these threshold requirements suggests that would-be appellants often overlook them, resulting in dismissal of their appeal for lack of appellate jurisdiction.
By Greg Land | July 1, 2019
Ruling in a case of first impression, the Georgia Supreme Court declined to decide whether a state law barring seat belt evidence in civil trials also applied to criminal proceedings, because it has no bearing on proximate cause.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | June 30, 2019
It is now clear that a state can prosecute after the federal government, as well as the other way around. But the more interesting issue relates to the impact of Gamble v. U.S. on the future use of stare decisis.
By R. Robin McDonald | June 28, 2019
A 74-year-old restaurant owner who chose to fight the felony conviction and five-year sentence for having coin-operated game machines in his restaurant is the first step in halting what his lawyers say is a pattern of similar prosecutions across the state by prosecutors who bring charges and seize millions in assets that they keep in return for lenient plea deals.
By Suzette Parmley | June 28, 2019
The U.S. Supreme Court has agreed to hear the appeal of Bridget Anne Kelly, the onetime aide to former New Jersey Gov. Chris Christie who was convicted for her role in the 2013 Bridgegate conspiracy.
The Legal Intelligencer | News
By Temitope Fadayomi | June 27, 2019
The Pennsylvania Superior Court has ruled that a woman's derogatory Facebook posts about her ex-husband's new wife were not constitutionally protected speech and thus qualified as harassment.
New York Law Journal | Commentary
By William J. Leahy | June 27, 2019
Publication of these Standards is an important milestone in the ongoing efforts to elevate the quality of public defense representation in New York.
The Legal Intelligencer | News
By Zack Needles | June 27, 2019
The Pennsylvania Supreme Court is set to determine whether defendants who received mandatory life sentences as juveniles can be ordered to pay court costs associated with resentencing proceedings that were necessitated by the U.S. Supreme Court's landmark rulings in 'Miller v. Alabama' and 'Montgomery v. Louisiana.'
New York Law Journal | Analysis
By Elliott Scheinberg | June 27, 2019
This article discusses various CPLR provisions and decisions pertaining to appealability of ex parte and sua sponte orders.
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