By Mike Scarcella | 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 Andrew Denney | January 14, 2019
As part of a pilot program that launches Feb. 1, city judges will be required to direct staff to report evidence suppression and issues with police credibility on the stand to court clerks' offices.
By Colby Hamilton | January 14, 2019
A Second Department panel found the former Queens criminal judge had failed to properly handle a 'Batson' challenge by the defense, sending the case back for retrial.
New York Law Journal | Analysis
By Ellen Murphy, Scott Morvillo, Wendy Butler Curtis and Kelly Cullen | January 14, 2019
While Technology Assisted Review is a common and beneficial tool in civil litigations, it is improper and potentially unconstitutional as the sole arbiter for privilege review in criminal cases, particularly if required by courts.
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.
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