By Carley Meiners | The Legal Intelligencer | August 11, 2017
The trial court did not err in finding that defendant's consent to a blood test was invalid where he only consented to the blood draw after being informed by police that he faced enhanced criminal penalties for failing to do so. The court affirmed an order granting defendant's motion to suppress evidence of a blood draw.
By Dara Kam | August 8, 2017
A death row inmate scheduled to be executed this month continues to mount challenges to the state's newly adopted lethal-injection procedure — never before used in Florida or any other state — but Attorney General Pam Bondi's lawyers are urging the Florida Supreme Court to reject the latest attempt.
By newyorklawjournal | New York Law Journal | August 8, 2017
Ex-New York Senate leader Dean Skelos asked an appeals court Monday for a new trial, citing the precedent set when former Assembly Speaker Sheldon Silver last month was granted a new trial on corruption charges.
By Charles Toutant | August 4, 2017
The U.S. Court of Appeals for the Third Circuit has upheld the conviction of former Bergen County Democratic Committee chairman Joseph Ferriero, who was sentenced to 35 months in jail on bribery and racketeering charges.
By thelegalintelligencer | The Legal Intelligencer | August 4, 2017
The trial court erred in sentencing defendant to the maximum term of imprisonment of 40 years for attempted murder in the absence of evidence of serious bodily injury to the victim. The court vacated the judgment of sentence and remanded.
By Carley Meiners | The Legal Intelligencer | August 4, 2017
The trial court erred in sentencing defendant to the maximum term of imprisonment of 40 years for attempted murder in the absence of evidence of serious bodily injury to the victim. The court vacated the judgment of sentence and remanded.
By thelegalintelligencer | The Legal Intelligencer | August 4, 2017
Trial court erred in ordering restitution to replace the victim's laptop seized in the police investigation for an offense that the defendant ultimately was not convicted of, since restitution could only be awarded for a loss flowing or arising from a crime resulting in conviction. Order of the trial court reversed in part.
By thelegalintelligencer | The Legal Intelligencer | August 4, 2017
Trial court erred in requiring commonwealth to produce alleged victim to testify and be subject to cross-examination at a preliminary hearing, where commonwealth was permitted to establish a prima facie case solely on hearsay evidence without risk to defendant's due process rights. Order of the trial court reversed.
By Carley Meiners | The Legal Intelligencer | August 4, 2017
Unlawful contact with a minor conviction should have been graded as a default third-degree felony where jury was not charged to make a finding as to what offense defendant contacted the victim minor with the purpose of committing, thereby precluding a grading of the conviction. Order of the PCRA court affirmed in part and reversed in part.
By Jason Grant | August 3, 2017
A state appeals court has thrown out a New York man's convictions for attempted murder and assault, along with his 15-year sentence, because prosecutors were not ready for trial within the Speedy Trial Act's prescribed time.
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