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.
By Riley Brennan | March 20, 2023
"The defendant told the officer that 'he was coming on the on-ramp and, then, he hit the snow and, then, lost traction and went into the woods,'" Associate Justice Joseph M. Ditkoff wrote on behalf of the unanimous panel, with Associate Justices Sabita Singh and Marguerite T. Grant concurring. "The defendant further explained that he had driven from Belmont, where he was a barber, and had stopped for dinner and drinks. At booking, the defendant said, 'I think I have a concussion, I might need to see someone'."
New York Law Journal | Analysis
By Brian Lee | March 20, 2023
In two cases the acting chief judge and the latest addition to the court voted with the majority, once for a criminal defendant and once for the prosecution.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | March 19, 2023
Implicit bias can now be a basis for establishing a prima facie case of police discrimination that would require the police to articulate a race neutral basis for a stop and frisk search of a suspect.
By Allison Dunn | March 15, 2023
The U.S. Court of Appeals for the First Circuit rejected a defendant's claims that a judge in Massachusetts improperly relied on "personal observations about his own, private gun collection" during a probation violation hearing when determining that at least one weapon shown in a video was a real firearm.
By Andrew Denney | March 14, 2023
Jenay Nurse Guilford has taken the title of executive director for the center, a newly created role that encompasses the duties of an attorney-in-charge while reflecting the organization's broadened approach to serving clients.
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