Law Offices of Gary Martin Hays & Associates
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New York Law Journal | Commentary
By Richard Andrias | January 23, 2019
Every case that comes before an appellate court (or every case where there is some dissension) brings with it the tension between the value of the court speaking with one unified voice versus one or more individual member's duty or obligation to speak from his or her own personal perspective.
By C. Ryan Barber | January 22, 2019
"With its decision below, the D.C. Circuit became the first appellate court in American history to exercise criminal jurisdiction over a foreign state," lawyers for the mystery company wrote in their redacted filing at the Supreme Court.
New York Law Journal | Analysis
By Vera M. Kachnowski and Peter J. Sluka | January 22, 2019
In their International Criminal Law and Enforcement Vera M. Kachnowski and Peter J. Sluka write: As courts and litigants continue to grapple with the extraterritorial reach of U.S. criminal statutes, two recent Second Circuit appeals highlight potential limitations the U.S. Department of Justice faces when prosecuting non-resident foreign actors involved in alleged bribery.
The Legal Intelligencer | News
By P.J. D'Annunzio | January 17, 2019
A man who received a mandatory life sentence without the possibility of parole 30 years ago for a murder he committed as a juvenile should not have been ordered to pay for court costs associated with resentencing proceedings that were necessitated by two landmark U.S. Supreme Court rulings.
New York Law Journal | Analysis|Expert Opinion
By E. Leo Milonas and Andrew C. Smith | January 17, 2019
In their Appellate Division Review, E. Leo Milonas and Andrew Smith discuss recent decisions from the Appellate Divisions, including the recent Second Department decision “People ex rel. Wells v. DeMarco,” which held that state and local law enforcement officers lack authority under New York law to effect arrests for violations of federal civil immigration violations.
New Jersey Law Journal | Analysis
By Jonathan N. Frodella | January 17, 2019
Currently, record custodians bear the full burden of investigation when requestors choose not to provide relevant background information.
By Tom McParland | January 16, 2019
In the rulings, the high court remanded the cases for resentencing, finding that the Superior Court convictions had breached the multiplicity doctrine, which bars the state from dividing one crime into multiple counts by splitting it “into a series of temporal or spatial units.”
By William Stein and Myron Moskovitz | January 15, 2019
Take a few moments to remember these things—before you try your case.
By Marcia Coyle | January 15, 2019
The 5-4 decision Tuesday in Stokeling v. United States reflected an unusual alignment of the justices. In dissent, Justice Sonia Sotomayor was joined by conservative Chief Justice John Roberts Jr.
By Mike Scarcella | January 15, 2019
Assistant Federal Public Defender Brenda Bryn of Fort Lauderdale argued the appeal.
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