By Charles Toutant | February 5, 2019
Officers lacked a reasonable suspicion to justify detaining 10 party guests, after finishing their investigation of a complaint about loud music coming from a motel room, the justices said.
By Max Mitchell | February 5, 2019
The Pennsylvania Superior Court vacated a 30-60-year sentence based on U.S. Supreme Court decisions on mandatory minimums.
New York Law Journal | Analysis
By Steven B. Epstein and Alexander R. Klein | February 5, 2019
VTL §1192(1) suffers a shortcoming that will render it anachronistic in the near future.
New York Law Journal | Analysis
By Barry Kamins | February 1, 2019
In his Criminal Law and Procedure column, Barry Kamins writes: Two months ago, a new hearing was mandated as a result of 'People v. Suazo', in which the Court of Appeals held, in a 5-2 decision, that a noncitizen defendant charged with a deportable class B misdemeanor (maximum of three months in jail) is entitled to a jury trial under the Sixth Amendment, even though the maximum authorized sentence is a term of imprisonment of less than six months.
By Scott Flaherty | January 31, 2019
While Even Greebel serves out his sentence, the SEC and a court have suspended Greebel.
The Legal Intelligencer | News
By P.J. D'Annunzio | January 31, 2019
The Fourth Amendment rights of a driver who refused blood and breath testing and then was given enhanced sentencing were violated, the court said in remanding the case for resentencing.
New York Law Journal | Analysis|Expert Opinion
By Martin Flumenbaum and Brad S. Karp | January 29, 2019
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss how Second Circuit has generally taken the position that the use of handcuffs during 'Terry' stops converts the stop into an arrest, thereby triggering Miranda rights. That is, until its recent decision in 'U.S. v. Fiseku.'
New York Law Journal | Analysis
By Daniel R. Alonso | January 28, 2019
Part I of this two-part column examined the backdrop to the establishment late last year of the New York State Commission on Prosecutorial Conduct, as well as the scope of the new Commission's authority. Today's Part II examines the makeup of the Commission and its staff and the conduct of Commission proceedings, including its investigatory powers.
By Jonathan Ringel | January 25, 2019
Solicitor responds that the decision isn't "catastrophic."
By Timothy W. Hoover | January 25, 2019
District judges can vary from the U.S. Sentencing Guidelines for almost any reason, but the most common path to a sentence significantly below the Guidelines range is a downward departure under Guideline §5K1.1, which is the primary vehicle by which a criminal defendant's cooperation with federal authorities—his “substantial assistance”—is incentivized and rewarded. The basic procedure is the same in every district. Yet cooperation yields different results depending on the district.
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