By thelegalintelligencer | The Legal Intelligencer | August 25, 2017
Trial court erred in convicting and sentencing on three DUI counts arising from a single incident, even where two convictions resulted in guilty without further penalty, where additional counts represented sentencing enhancements and not distinct criminal statutes. Conviction vacated in part and affirmed in part, case remanded for resentencing.
By thelegalintelligencer | The Legal Intelligencer | August 25, 2017
Officers had reasonable suspicion to deploy their canine for a drug search where they stopped defendant, known to them from a previous trafficking arrest, in a vehicle not owned by him but which was previously stopped by the officers for drug violations, and defendant appeared overly-nervous and was coming from a drug source city. Judgment of sentence affirmed.
By thelegalintelligencer | The Legal Intelligencer | August 25, 2017
Trial court did not err in rejecting application of New York law enforcing doctor-patient privilege as to evidence in a criminal case. Judgment of sentence affirmed.
By thelegalintelligencer | The Legal Intelligencer | August 25, 2017
PCRA court erred in dismissing appellant's petitions because it failed to appoint PCRA counsel for indigent appellant and the record was insufficient to adjudicate appellant's allegations and the matter had to be vacated and remanded for PCRA counsel to file an amended PCRA petition. Vacated and remanded.
By thelegalintelligencer | The Legal Intelligencer | August 25, 2017
Trial court erred in resentencing juvenile offender to life without parole when it failed to apply presumption against life without parole or required the commonwealth to prove beyond a reasonable doubt that the juvenile was incapable of rehabilitation. Judgment of sentence vacated, case remanded for resentencing.
By therecorder | The Recorder | August 24, 2017
Cal.Sup.Ct.; S238309 The California Supreme Court denied a petition for writ of mandate and injunctive relief. The court held that the five-year time…
By Josefa Velasquez | August 24, 2017
An Albany court on Thursday dismissed a suit against the state Board of Elections seeking to place on the front of the ballot this year's referendum on whether New York should hold a constitution convention.
By Katheryn Hayes Tucker | August 24, 2017
The crowd that packed the Rialto theater Wednesday morning gave Gov. Nathan Deal a standing ovation before he made it to the stage. U.S. Attorney John Horn had to interrupt to finish introducing him. Both appeared in the movie that premiered there—"Released: When Does the Sentence End?"—along with a cast of convicted felons and business, clergy and nonprofit leaders working to help inmates prepare for jobs when they return to private life.
By Cheryl Miller | August 24, 2017
California's Supreme Court on Thursday upheld a 2016 voter-approved initiative aimed at speeding up the state's death penalty process. The five-member majority held, however, that Proposition 66's strict five-year deadline for courts handling appeals "must be deemed directive rather than mandatory."
By Marcia Coyle | August 23, 2017
The U.S. Supreme Court hasn't reviewed a service member's challenge to a court-martial in more than 20 years. But that hasn't deterred Army and Air Force appellate lawyers and a Texas law professor from seeking review on behalf of more than 174 service members. The petitioners want the justices to decide whether military judges violated a Civil War-era statute by hearing their appeals while also holding a nonmilitary office.
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