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By Colleen Murphy | October 9, 2023
"While Samudio did not express any concerns about Judge Torgerson's impartiality when his probation was revoked in the present case—perhaps having expected that his former attorney would view him more sympathetically than would another judge—he does so now, arguing that the judge should have recused himself based on this past representation," Judge David N. Mortensen said in his written opinion for the court. "Samudio thus appeals."
By Jane Wester | October 5, 2023
U.S. Attorney Breon Peace described Amy Busa, his choice for chief of criminal appeals, as an "appellate powerhouse."
The Legal Intelligencer | News
By Riley Brennan | October 5, 2023
In an Oct. 3 order, the high court granted the petition for allowance of appeal in the case "Commonwealth v. Lear," limiting arguments to the issue of whether a court must assess the prosecution's "due diligence during a worldwide pandemic for purposes of Rule 600."
The Legal Intelligencer | News
By Riley Brennan | October 3, 2023
"Any blessing of intonations of 'high-crime area' unsupported by empirical evidence and unconnected to the specific circumstances is a blot on our jurisprudence in this area of Fourth Amendment jurisprudence."
By Max Mitchell | October 3, 2023
Precedent should only be disregarded or altered where the particular issue has outlived its usefulness or created an injustice predicated on changing societal conditions.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | October 1, 2023
In the end, the Pulsifer case is all about language.
By Marianna Wharry | September 28, 2023
"[T]he Supreme Court held that Washington's mandatory 'Three Strikes' law may be applied to childhood offenses, and that crimes committed by a child may count as automatic 'strikes' toward a life without parole sentence," Jan Trasen, of the Washington Appellate Project, said in statement. "This disregards evidence-based [Washington state] precedent that 'children are different' from adults, and that they must be sentenced differently. As the dissenting justices said, 'A juvenile charged and sentenced in adult court does not magically become an adult because of the venue in which the case is resolved. … Children are different and age matters.'"
By Avalon Zoppo | September 18, 2023
A divided 6th Circuit lets stand decision that law does not apply to a sentence imposed prior to enactment.
By Brian Lee | September 14, 2023
The Appellate Division, Third Department reversed a decision to grant a subpoena against a reporter covering a murder investigation.
By Colleen Murphy | September 14, 2023
"Although the State has demonstrated general acceptance in the pediatric community, we agree with Judge Jimenez that the State has not demonstrated general acceptance of the SBS/AHT hypothesis to justify its admission in a criminal trial," Judge Greta Gooden Brown wrote for the appellate court.
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