New Jersey Law Journal | Analysis
By Matthew S. Adams and Marissa Koblitz Kingman | December 13, 2018
The question of whether the privilege against self-incrimination can protect us from being compelled to provide mobile device passwords—the proverbial keys to our most intimate details—is testing courts across the country.
By John Council | December 12, 2018
In a split decision, Dallas' Fifth Court of Appeals has affirmed the unusual criminal conviction of a medical doctor who was sentenced to life in prison last year for intentionally or knowingly causing serious bodily injury to an elderly patient during surgery.
New York Law Journal | Commentary
By Rory I. Lancman and Rachel Graham Kagan | December 12, 2018
New York's elected district attorneys are at war with the governor and legislature over a new, first-in-the-nation, State Commission on Prosecutorial Conduct charged with reviewing claims that those charged with enforcing the law in a court of law might, themselves, be acting unlawfully. The District Attorneys Association of New York has sued to declare the Commission unconstitutional.
By Jim Saunders | December 12, 2018
Death row inmate Jose Antonio Jimenez's attorneys filed a petition at the Florida Supreme Court seeking a stay of execution for Jimenez, who was convicted in the 1992 murder of a 63-year-old woman in Miami-Dade County.
By Michael Booth | December 11, 2018
In the latest decision implicating New Jersey's revamped bail system, the state Supreme Court reiterated the mandate that prosecutors must release all exculpatory information to criminal defendants before pretrial hearings, and set guidelines for situations in which judges should reopen detention proceedings.
By Catherine Wilson | December 10, 2018
Most Effective Lawyers: Criminal law — The legal team took home victories in an Orlando trial and a New Orleans appeal.
New York Law Journal | Commentary
By Rolando Acosta | December 7, 2018
In our experience to focus on an appeal waiver when the sentence is not excessive is like allowing the home baseball team to bat in the bottom of the ninth inning when the home team is already ahead; they have already won, so what's the point?
By John Council | December 7, 2018
For the second time in eight years, Texas' Court of Criminal Appeals has reversed the death sentence of a man who was convicted for the brutal killing of pioneering Dallas civil rights attorney Fred Finch, one of the first African-American graduates of Harvard Law School, because a jury was not properly instructed about the defendant's intellectual disability.
New York Law Journal | Analysis
By Youngjin Choi | December 7, 2018
New Jersey's wide-ranging bail reform legislation that all but eliminated cash bail has resulted in a 20 percent reduction of statewide jail population in the first year of its enactment. California just passed a legislation that will completely do away with the monetary bail system, the first of its kind in the nation, starting Oct. 1, 2019. In drafting and adopting its own bail reform legislations, New York should reflect upon these common concerns reported from these “laboratory states.”
By Marcia Coyle | December 6, 2018
“Your argument seems, frankly, a little bit one-note,” Kagan told counsel to the challenger during one exchange Thursday in the case Gamble v. United States, which confronts double-jeopardy and an exception to the clause.
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