By ALM Staff | December 4, 2022
You will find links to all of our impeachment coverage on this page. Please check back frequently as we will continually update the page with new developments as they unfold.
By Kim Chandler | The Associated Press | November 30, 2022
"Defendants' treatment of Mr. Smith does not fall within society's standards for a constitutional execution. The botched execution was terrifying and extremely painful for Mr. Smith," attorneys for Smith wrote in the complaint filed in federal court.
New York Law Journal | Commentary
By Joel Cohen | November 30, 2022
It would be foolish indeed for judges to lose their unique platform and typically more objective—non-party—status to ensure that wrongdoers are brought to justice if and when they fully warrant it.
By Alaina Lancaster | November 29, 2022
Associate Justice Kenneth Yegan of California's Second District Court of Appeal asserts that a majority opinion has "now sacrificed" the state Constitution's separation of powers principle.
The Legal Intelligencer | News
By Max Mitchell | November 28, 2022
"When a trial judge tells the jurors to do anything other than objectively evaluate the evidence, the court effectively creates 12 standards of review," Justice David Wecht said.
By Marcia Coyle | November 28, 2022
The cases are being watched for whether the justices continue a trend of limiting the government's use of the "honest services" fraud law.
New York Law Journal | Letter to the Editor
By Thomas R. Newman | November 28, 2022
The Court's decisions rendered during Judge Cannataro's watch show a newfound cohesiveness among the judges that was lacking and is a much to be desired quality in a body tasked with pronouncing the law of the state of New York.
By Marcia Coyle | November 27, 2022
The justices are back on the bench this morning, and three of the term's closely-watched cases will be heard in this argument session.
By Marianna Wharry | November 23, 2022
"Our precedent has often conflated the term 'operates' with the phrase 'is in actual physical control of the movement of a vehicle,' as used in Section 1547(a) of the Vehicle Code," Judge Michael H. Wojcik wrote for the majority. "This conflation has engendered confusion in license suspension implied consent cases concerning the issue presented herein, i.e., whether an arresting officer has reasonable grounds to believe that a licensee was in actual physical control of the movement of a vehicle, where the arresting officer testifies, and the facts indicate, that the licensee had not been driving. In an effort to eliminate this confusion, we hold that because Officer Gelnett had reasonable grounds to believe that Licensee was in actual physical control of his vehicle while intoxicated, despite the fact that Licensee was not driving, Officer Gelnett properly requested that Licensee undergo chemical testing."
The Legal Intelligencer | News
By Marianna Wharry | November 22, 2022
"Although the routine traffic stop was lawful—Trooper Golden possessed probable cause to stop based on the illegal window tint—once Lake withdrew his consent to search the vehicle, Trooper Golden was required to either (1) possess both probable cause that a crime was being committed and exigent circumstances; or (2) obtain a search warrant for the vehicle," Judge Anne E. Lazarus wrote.
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