By Lisa Willis | May 23, 2023
"What the Fourth District Court of Appeal says here is that given this particular piece of evidence, and the way it was withheld, and then used in rebuttal, completely prejudiced the defendant," said Craig Joseph Trocino, who is not involved in the litigation.
By Brian Lee | May 23, 2023
The decisions were both unanimous, and the majority opinions were written by Associate Judges Jenny Rivera and Anthony Cannataro, whom many court observers suggest are on opposing ends of the ideological spectrum, with the former seen as part of the high court's liberal-progressive group.
By Mason Lawlor | May 23, 2023
"[T]he district court—whose decision to disqualify was informed, in part, by a comparison to an internal investigation of a private company—does not appear to have sufficiently appreciated the separation-of-powers concern," the appeals court said.
By The Associated Press | May 22, 2023
Joseph Clifton Smith, 52, was convicted and sentenced to death for the 1997 beating death of Durk Van Dam. Van Dam died as a result of 35 blunt-force injuries to his body, according to testimony from a forensic pathologist.
By Mason Lawlor | May 19, 2023
The Mississippi Court of Appeals has reversed and remanded a trial court ruling that sentenced a man to 20 years because the judge did not investigate the potential misconduct of a juror who used the Internet to search legal terms and possible sentences during deliberations.
By Adrian Sainz and Jonathan Mattise | The Associated Press | May 19, 2023
The law passed in April by the GOP-led Tennessee Legislature and signed by Republican Gov. Bill Lee has generated opposition from attorneys and Democratic lawmakers. They say the change violates the state Constitution, bypasses the will of voters and targets progressive-minded district attorneys who have defied lawmakers in the past.
By Avalon Zoppo | May 18, 2023
Appeals court rejects government's claims of honest services and property fraud.
By Riley Brennan | May 17, 2023
"Recalling the mandate in the unique circumstances of Rhone's case accomplishes this mission; we must allow him to benefit from the rule he proposed that ultimately became the law in this state," the court said.
By Allison Dunn | May 16, 2023
"The judge instructed the jury that closing arguments are not evidence, and that it was their duty to determine the facts and to apply the facts to the law as explained by the judge. The judge also properly instructed on the meaning of reasonable doubt. In light of these instructions, and the strength of the Commonwealth's case, we are confident that the ill-advised comment would have had no effect on the jury's verdict," Justice Frank M. Gaziano wrote on behalf of the unanimous Massachusetts Supreme Judicial Court
By Riley Brennan | May 12, 2023
"Mr. Woods did not surrender his reasonable expectation of privacy when his wife answered a knock on the closed door of their home. Further, during the entire encounter, Mr. Woods stood behind his wife inside the home. As such, Mr. Woods was not in a 'public place' when the officers initiated the arrest," the court said. "The officers' entry into Mr. Woods' home without a warrant also was not justified given the absence of any exigent circumstances, such as the need to prevent the imminent destruction of evidence or to prevent a suspect's escape."
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