By Avalon Zoppo | April 11, 2023
The controversial issue of excluding unvaccinated jurors cropped up in a number of high-profile trials in the last two years as courts began reopening their doors.
New York Law Journal | Letter to the Editor
By Norman Olch | April 10, 2023
The fact that the indictment does not specify what is the other crime Trump intended when he allegedly falsified business records and that Manhattan District Attorney Alvin Bragg at his press conference would not specify what that other crime is are not signs of a weak case.
By Avalon Zoppo | April 7, 2023
Judge Florence Pan knocked her dissenting colleague Judge Gregory Katsas, saying he didn't point to any authority "other than Goldilocks" in his interpretation of the obstruction statute.
The Legal Intelligencer | Commentary
By Matthew D. Lee and Saverio S. Romeo | April 5, 2023
How can a judge punish a defendant for a crime as if the jury never acquitted them? It is a question that has weighed on the minds of defense lawyers and commentators for years, and it is one that the U.S. Sentencing Commission is seeking to put to rest once and for all.
New York Law Journal | Analysis
By Barry Kamins | April 4, 2023
This article will examine how courts are considering race as a factor in a Fourth Amendment analysis, and how defendants are beginning to raise this issue in suppression motions.
By Charles Toutant | April 3, 2023
At sentencing, Senior U.S. District Judge Katharine Hayden "demonstrated a hesitance to follow our instruction to view the children's injuries holistically and in the context of the jury's findings of guilt," Third Circuit Judge Felipe Restrepo wrote.
By Allison Dunn | April 3, 2023
"The jury instructions impermissibly allowed the jury to convict [defendant] without unanimously agreeing as to the singular criminal act [defendant] committed. We reverse the judgment and remand for a new trial," Chief Justice Jon J. Jensen wrote for the court.
By Allison Dunn | April 3, 2023
"It's unclear what else the prosecutor could have done to explain what 'completely nonresponsive' meant, short of repeating herself verbatim," Chief Justice Brian D. Boatright wrote in the lone dissent, adding, "In these circumstances, the line between 'completely nonresponsive' and 'unengaged' is not immediately apparent."
By Andrew Denney | March 30, 2023
In a case that attracted national media attention, Tioga County businessman Calvin Harris was accused of killing his wife Michele Harris in the hours after the Sept. 11, 2001, terrorist attacks. Neither Michele Harris' body nor a murder weapon were ever found and the fourth trial for murder charges against Calvin Harris, in 2016, ended in acquittal.
By Avalon Zoppo | March 30, 2023
The idea was brought up at the Advisory Committee on Appellate Rules' latest meeting this week, and appears to be welcomed by appellate practitioners.
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