The Legal Intelligencer | News
By Zack Needles | December 14, 2018
A defendant in a capital case will not get the chance to pursue his Post-Conviction Relief Act claims that offensive emails sent and received by former Pennsylvania Supreme Court Justice J. Michael Eakin, who rejected his original PCRA appeal, demonstrated bias and that the Cumberland County District Attorney's Office should be disqualified from the case.
New York Law Journal | Analysis
By Mark Goidell | December 14, 2018
Recent significant legal developments may convince jails and prisons throughout the nation to meaningfully address the opioid and fentanyl epidemic that pervades correctional centers and society in general.
New York Law Journal | Commentary
By Joel Cohen | December 14, 2018
Virtually every judge will tell you that sentencing is the most solemn and difficult decision they must make. Some acknowledge conferring with their clerks, or occasionally with a colleague or two, simply as a gut check when confronted with a difficult sentence, or one with potentially broader ramifications than just the defendant before them. Almost every one of them, though, truly struggles with it every time.
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | December 13, 2018
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss several significant, representative decisions handed down recently: one decision finding a guilty plea agreement deficient because of an overly broad waiver of the right to a subsequent collateral attack; another denying defendant's motion to dismiss a trademark action despite a clause in the contract between the parties designating Italy as the forum for any dispute “arising out of” the agreement; and the last dealing with discrimination, hostile work environment and retaliation claims on defendant's motion for summary judgment.
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.
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