Criminal Appeals

  • Daily Report Online | News

    Appeal: Ex-Worth County Sheriff's Secret Jail Recordings Should Void Guilty Plea

    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.

  • National Law Journal | News

    Justices Restore Contempt Order Against Corporation Defying Apparent Mueller Subpoena

    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

    Don't Sue the Messenger—Can Emailing Someone Else's Misstatements Trigger Primary Liability for Securities Fraud?

    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

    Government Misconduct in a Grand Jury Investigation: Is There a Remedy?

    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.

  • Daily Business Review | News

    Florida Justices Overturn Teen Murder Conviction on Self-Defense Theory

    By Raychel Lean | January 7, 2019

    The Florida Supreme Court agreed that Malik Jimer Williams killed one boy out of self defense, but disagreed that he'd injured another for the same reason.

  • Connecticut Law Tribune | News

    SCOTUS Allows Skakel Reversal to Stand

    By Michael Marciano | January 7, 2019

    Michael Skakel is a nephew of Robert F. Kennedy's widow, Ethel Kennedy. He spent 11 years in prison after being charged in 2000 and convicted in 2002 for beating 15-year-old Martha Moxley to death with a golf club. The state has not announced its intentions regarding a possible retrial.

  • Daily Business Review | News

    Transgender Inmate Care Spurs Federal Appeals Court Fight

    By Jim Saunders | January 4, 2019

    Reiyn Keohane contends that her rights have been violated, at least in part because she has not been allowed to wear women's undergarments and groom as a woman.

  • New York Law Journal | Analysis

    Prison Gerrymandering

    By Steven Witzel and Amanda Giglio | January 2, 2019

    In this Corporate Crime column, Steven Witzel and Amanda Giglio discuss the practice colloquially known as “prison gerrymandering” through which incarcerated people are counted as residents of the towns where they are imprisoned (rather than where they lived before they were incarcerated) for purposes of drawing parameters for legislative districts.

  • New York Law Journal | Analysis

    'Supervisory Liability' Revisited

    By Martin A. Schwartz | January 2, 2019

    In his Section 1983 Litigation column, Martin A. Schwartz addresses the question of when may a supervisory official be held liable under 42 U.S.C. §1983 for the unconstitutional conduct of a subordinate? This issue has given the courts and §1983 litigators fits for many years. Prof. Alexander A. Reinert recently made an excellent presentation on the issue of supervisory liability. Reinert offered several important observations concerning the liability of supervisory officials, which Schwartz highlights in this column.

  • New York Law Journal | Analysis

    Protecting the Record

    By Thomas R. Newman and Steven J. Ahmuty Jr. | December 31, 2018

    In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. write: The protection of the record needed to preserve your right to challenge asserted error at trial consists of much more than bobbing up and down during trial to voice objections, although it is certainly necessary that timely and appropriate objections be made.

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