The Legal Intelligencer | News
By Max Mitchell | January 11, 2019
According to the Administrative Office of Pennsylvania Courts, the number of PCRA cases being filed in Philadelphia has been trending downward since it peaked in 2014 with 2,764 petitions being filed.
By Lawrence K. Marks, Chief Administrative Judge, New York State Unified Court System | January 11, 2019
Lawrence K. Marks, Chief Administrative Judge of the New York State Unified Court System, discusses the implementation of the Raise the Age legislation, writing: Given the effective collaborative efforts of all relevant government agencies, and within the court system itself, raising the age of criminal responsibility has been highly successful with few hurdles in its path.
By Paul T. Shoemaker, Chair, General Practice Section | January 11, 2019
Paul T. Shoemaker, Chair of the NYSBA General Practice Section, writes: Mass incarceration takes too large a toll on the individual, community and national levels. It is time to roll back mass incarceration and to bring America closer to fulfilling Dr. King's dream.
By Katheryn Tucker | January 11, 2019
“I would not put this Court in the business of resuscitating arguments the government was made aware of, then clearly abandoned,” Judge Beverly Martin said. “In my experience, this Court rarely extends the same courtesy to the criminal defendants."
The Legal Intelligencer | Commentary
By Stephen A. Miller and Leigh Ann Benson | January 9, 2019
The Supreme Court is currently re-considering the separate sovereigns exception to the Fifth Amendment's Double Jeopardy Clause. This doctrine, which has existed for nearly 200 years, allows a state government to bring charges for conduct that has already been the subject of federal prosecution (and vice versa).
By Sharon Baumgold | January 8, 2019
Your writ petition must demonstrate at least one 'Omaha Indemnity' factor—or more if you want a better chance that the appellate court will grant your writ.
By Greg Land | January 8, 2019
An attorney for a man who pleaded guilty to aggravated child molestation is hoping to withdraw his plea after learning that ex-Worth County Sheriff Jeff Hobby—who was subsequently indicted and jailed—had installed a clandestine recording device in the attorney-client interview room.
By Marcia Coyle | January 8, 2019
The legal fight at the U.S. Supreme Court will continue. The unnamed state-owned foreign corporation on Monday filed a petition for certiorari under seal.
New York Law Journal | Analysis
By Amanda Senske and Daniel A. Cohen | January 8, 2019
Imagine that a boss prepares a materially false statement and directs her employee (who knows the statement is false) to email it to investors. Is the employee liable as a “primary violator” under the securities laws, or does her conduct constitute at most secondary liability, i.e., aiding and abetting securities fraud? The U.S. Supreme Court held oral argument on Dec. 3, 2018 in Lorenzo v. SEC to answer that question and resolve an apparent Circuit split.
New York Law Journal | Analysis
By Elkan Abramowitz and Jonathan S. Sack | January 7, 2019
White-Collar Crime columnists Elkan Abramowitz and Jonathan S. Sack provide a brief examination of the heavy burden on defendants who claim misconduct in grand jury proceedings. They then discuss a recent Second Circuit decision, which illustrates the reluctance of federal courts to dismiss charges and overturn jury verdicts based on prosecutorial misconduct, even when the government concedes that serious misconduct occurred.
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