By thelegalintelligencer | The Legal Intelligencer | June 2, 2017
The court's decision to sentence defendant to a period of incarceration following her probation violation was not excessive or unreasonable. Defendant had a history of alcohol abuse and prior misconduct, and incarceration protected the interest of the public.
By P.J. D'Annunzio | June 2, 2017
A federal appeals court has rejected Chaka "Chip" Fattah Jr.'s appeal to overturn his conviction on bank fraud charges.
By Ben Feuer, California Appellate Law Group | June 2, 2017
Here are a few waiver, forfeiture and invited error traps that snagged trial lawyers in recent unpublished decisions from the California Court of Appeal.
By Ross Todd | June 2, 2017
A Q&A with Orrick partner Christina Von der Ahe who is heading up the effort challenging the California ballot initiative aimed at speeding up the state's death penalty appeals process, which narrowly passed last fall.
By Carley Meiners | The Legal Intelligencer | June 2, 2017
Trial court did not err in refusing to charge jury on element of malice derived from third-degree murder offense where such element was not a part of the statutory offenses of torture of a police animal and animal cruelty. Judgment of sentence affirmed.
By thelegalintelligencer | The Legal Intelligencer | June 2, 2017
District court erred in denying habeas relief on appellant's ineffective assistance of counsel claim based on trial counsel's failure to challenge the trial court's erroneous 'Kloiber' jury instruction because appellant's procedural default was excused and the trial court's deviation from the language in 'Kloiber' basically told jurors that they had to accept the officer's eyewitness identification and were not free to question it. Vacated and remanded.
By Mark Hamblett | June 1, 2017
Ross Ulbricht's conviction and life sentence for running a dark channel website for large-scale drug trafficking using the bitcoin currency has been affirmed by a unanimous federal appeals panel.
By Jason Grant | May 30, 2017
A 27-year delay in charging a man with murdering a teenager he allegedly pushed from a rooftop was "not unreasonable," given the reason for the delay and the advent of DNA testing, a Bronx judge has ruled.
By Ross Todd | May 23, 2017
Police can use real-time cell tower records to track a suspect's location without a warrant, the U.S. Court of Appeals for the Fifth Circuit ruled Monday.
By Andrew Denney | May 18, 2017
At oral arguments Thursday for former New York state Sen. Dean Skelos' appeal against his 2015 bribery conviction, a prosecutor admitted that the government "went too far" by stating at trial that arranging a meeting between a state department and a company who hired his son constituted an "official act" worthy of a conviction.
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