By thelegalintelligencer | The Legal Intelligencer | September 22, 2017
Defendant's contention that his 1978 conviction for criminal trespass did not constitute an "enumerated offense" under Section 6105 of the Uniform Firearms Act, thus barring him from owning a gun, was meritless; therefore, trial counsel was not ineffective for failing to raise the claim. The court affirmed an order denying defendant relief under the Post Conviction Relief Act.
By thelegalintelligencer | The Legal Intelligencer | September 22, 2017
The compulsory joinder rule requiring joinder of DUI and summary traffic offenses did not apply in judicial districts that had separate traffic courts with exclusive and limited jurisdiction to dispose of summary offenses, which required DUI charges held for trial in general jurisdiction courts. Order of the trial court reversed.
By thelegalintelligencer | The Legal Intelligencer | September 22, 2017
The trial court did not abuse its discretion in admitting defendant's extrajudicial statements to police and a nurse caring for an abused elder where the Commonwealth had already proffered sufficient evidence of the corpus delicti, or body of the crimes charged, to entitle the case to go to the trier of fact. The appellate court affirmed defendant's judgment of sentence.
By thelegalintelligencer | The Legal Intelligencer | September 22, 2017
The trial court erred in granting defendant's petition for writ of habeas corpus based on a potential evidentiary challenge to a hearsay statement offered at defendant's preliminary hearing since the court was bound to consider such evidence in determining whether the Commonwealth established a prima facie case. The court reversed and remanded for further proceedings.
By njlawjournal | New Jersey Law Journal | September 21, 2017
District Court Erred in Imposing Occupational Restriction for Term Longer Than Statutory Maximum for Supervised Release
By njlawjournal | New Jersey Law Journal | September 21, 2017
Time to Resolve Pretrial Motions Filed by Defendant or Counsel Excludable from Speedy Trial Period Calculation under CJRA
By R. Robin McDonald | September 19, 2017
After serving 11 years of a life sentence for murder, Dr. Noel Chua was a free man Monday night after the Brunswick Circuit district attorney, in a startling turn of events, asked a judge to set aside Chua's 2007 felony murder conviction and release him.
By Max Mitchell | September 15, 2017
May an autopsy report be admitted into evidence when the author of that report is not available to be cross-examined during trial?
By Katheryn Hayes Tucker | September 15, 2017
The U.S. Court of Appeals for the Eleventh Circuit has denied a Florida couple's request to rehear a case that deeply divided the judges over what constitutes a legal police search.
By Cogan Schneier | September 15, 2017
Covington & Burling's Stanley Young is still fighting against Sheriff Joe Arpaio in court, despite his pardon from President Donald Trump.
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