By Colleen Murphy | January 18, 2024
Criminal matters seem to sew the most discord among the typically aligned justices, with rulings in criminal appeals making up four of the five decisions that have attracted dissents in recent months.
By James Pollard | The Associated Press | January 17, 2024
The South Carolina judge's narrow rules were tougher than those sought by Murdaugh's lawyers during the Tuesday hearing, held to determine the scope of the three-day evidentiary hearing later this month.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | January 16, 2024
In 'People v. Butler', the Court of Appeals recently decided an issue of first impression concerning the use of police dogs to detect the presence of illegal drugs on a suspect's body. In a unanimous opinion, it ruled that the use of a narcotics-detecting dog to sniff a suspect's body for evidence of a crime constitutes a search for purposes of the Fourth Amendment.
By Allison Dunn | January 12, 2024
"Counsel's constructive absence during either a significant portion of trial or an important aspect of trial so offends the constitutional protections surrounding the right to assistance of counsel that it renders the entire adversary process 'presumptively unreliable' and creates an uncurable error," Chief Justice Kimberly S. Budd wrote.
By Cheryl Miller | January 10, 2024
In its annual review of the high court, the California Constitution Center found the seven justices in sync in their legal views.
By Avalon Zoppo | January 9, 2024
Vacancy enables Biden to make a fourth pick for the Richmond, Virginia-based appeals court.
By Avalon Zoppo | January 9, 2024
The appellate court appears skeptical of the former president's immunity claim.
By Colleen Murphy | January 8, 2024
"To the extent the practice exists, it should not be continued," Chief Justice Stuart Rabner wrote. "For reasons discussed earlier, the act of showing and then reshowing a photo can affect and distort a person's memory."
By Avalon Zoppo | January 5, 2024
Avenatti's attorney argued that U.S. District Judge Jesse Furman's instruction had singled out and coerced the holdout, warranting a new trial.
New York Law Journal | Analysis
By William C. Donnino | January 4, 2024
In a split decision, the Court of Appeals in 'People v. Debellis' held that defense counsel did not provide meaningful representation because counsel failed to request a jury instruction on the "defense of voluntary surrender" of a firearm pursuant to Penal Law §265.20(a)(1)(f).
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