By Tony Mauro | November 28, 2018
"Here we are in 2018 still litigating incorporation of the Bill of Rights. Really?" Justice Neil Gorsuch said at one point during Wednesday's oral argument in a closely watched civil forfeiture case.
By Mike Scarcella | November 28, 2018
"Here we are in 2018 still litigating incorporation of the Bill of Rights. Really?" Justice Neil Gorsuch said at one point during Wednesday's oral argument in a closely watched civil forfeiture case.
New York Law Journal | Commentary
By Michael Miller | November 28, 2018
The number of exonerations in New York undermines the assumption that we sufficiently protect the innocent. It is of paramount importance to all New Yorkers and all Americans that the entire criminal justice system work together to ensure only the guilty are convicted.
By Dan M. Clark | November 28, 2018
Bronx District Attorney Darcel Clark, a Democrat, criticized the decision in a statement and said her office is considering bringing the case before the U.S. Supreme Court, which would hold rank over the state's highest court in matters of immigration law.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | November 27, 2018
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: In September, the Second Circuit decided that the Armed Career Criminal Act's (ACCA) §924(c)(3)(B) “risk-of-force clause,” which defines “crime of violence” for the purposes of the ACCA's firearms-related sentencing enhancements, is still constitutional despite the Supreme Court's recent 'Johnson' and 'Dimaya' decisions, two cases that struck down similar provisions as unconstitutionally vague.
By Michael Booth | November 27, 2018
The ruling means that two of the seven counts of the indictment charging Bridget Anne Kelly and William Baroni Jr. with arranging the politically motivated lane closures at the George Washington Bridge in September 2013 are vacated, but the others remain.
By Michael Booth | November 27, 2018
The ruling means that two of the seven counts charging Bridget Anne Kelly and William Baroni Jr. with arranging the politically motivated lane closures at the George Washington Bridge in September 2013 are vacated, but the others remain.
The Legal Intelligencer | News
By Lizzy McLellan | November 26, 2018
Kathleen Kane was found guilty more than two years ago, but will now begin to serve her jail sentence.
New York Law Journal | Commentary
By Larry Cunningham | November 26, 2018
In response to David Loftis' letter, "Appeal Waivers Are Not Truly Voluntary" (Nov. 15, 2018), consider this different perspective on appeal waivers in criminal cases, one that situates them in the context in which they are made.
By Tony Mauro | Marcia Coyle | November 26, 2018
We've got a Q&A with former Justice Souter clerk Riyaz Kanji of Ann Arbor's Kanji & Katzen, making his debut argument Tuesday as an amicus in a closely watch capital case. Plus: GoFundMe campaigns are playing a part in some action at the high court. Thanks for reading Supreme Court Brief.
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