By Paul Shechtman | August 17, 2018
The 2017-2018 term of the New York Court of Appeals in criminal law was different from others in recent years. First, the court decided only 58 cases. Second, 30 decisions were decided by memorandum opinion; no judge signed his or her name to the decision. Third, the court was often divided. There is much for a reviewer to discuss.
The Legal Intelligencer | News
By P.J. D'Annunzio | August 13, 2018
In light of a U.S. Supreme Court decision declaring the law was too vague as to what constitutes a violent career criminal, a convicted murderer's mandatory 15-year sentence on a gun charge will have to be re-examined, a federal appeals court ruled.
New York Law Journal | Analysis
By Joel Cohen | August 13, 2018
In his column on Ethics and Criminal Practice, Joel Cohen explores the rationale behind the prohibition of contingency fees in criminal cases, and suggests that perhaps the time has come for a change.
By Michael Booth | August 9, 2018
"Not one published opinion holds otherwise," Justice Walter Timpone said. "We find no reason to disturb the decades-old sound precedent predicated on the plain language of the statute."
By Marcia Coyle | August 9, 2018
"If the law permits this execution to go forward in spite of the horrific final minutes that [Billy Ray] Irick may well experience, then we have stopped being a civilized nation and accepted barbarism. I dissent," Sotomayor wrote.
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | August 9, 2018
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York.
By Colby Hamilton | August 9, 2018
A split panel ruled twice that Martoma's insider trading conviction should be upheld, despite the minority's critique that it undermined U.S. Supreme Court and circuit law on insider trading.
The Legal Intelligencer | Commentary
By Anthony L. Ciuca | August 9, 2018
The Pennsylvania Supreme Court granted allocatur in Commonwealth v. Hays, 2018 Pa. Super. Unpub. LEXIS 176 (Jan. 19, 2018), on July 24, to decide the following: Should Birchfield v. North Dakota, 136 S. Ct. 2160 (2016), apply to all cases not yet final when the decision was rendered?
The Legal Intelligencer | News
By P.J. D'Annunzio | August 9, 2018
The U.S. Court of Appeals for the Third Circuit held Thursday that Fattah and wealthy friend Herbert Vederman should have a second chance on multiple bribery-related counts of the indictment against them, which allege a scheme involving Fattah trying to secure an ambassadorship for Vederman, among other things.
By C. Ryan Barber | August 8, 2018
The Ninth Circuit, overturning a California judge, declined the U.S. Justice Department's push to apply the "sham marriage exception" to pierce protections accorded to marital communications.
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