Law Offices of Gary Martin Hays & Associates
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By Cedra Mayfield | February 2, 2023
"Sometimes phrases like 'bad faith' are thrown around as a pejorative for the effect," said prevailing Middle Judicial Circuit District Attorney John A. "Tripp" Fitzner III. "They actually mean something specific and should not be used that way."
By Colleen Murphy | February 1, 2023
"As to the issue that is implicated here, namely, whether a sleeping-juror issue is preserved when the parties advise the trial court that a juror is sleeping but request no action or remedy from the court, we conclude that Forgette did not preserve this issue and, on the facts before us, waived it, thus precluding appellate review," Justice Richard L. Gabriel wrote.
By ALM Staff | February 1, 2023
This ruling was selected and summarized by the New York Law Journal's decisions editors.
By Andrew Denney | January 27, 2023
Jeffrey Deskovic Foundation for Justice has screened hundreds of actual innocence cases and has won the release 12 people who had done time for serious crimes they insist they didn't commit, which includes three full exonerations.
By Dan Roe | January 25, 2023
After a federal district court judge ruled in favor of Crosley Green, the Eleventh Circuit ruled prosecutors could withhold exculpatory evidence they believe to be inadmissible, a violation of the Brady Rule, according to his pro bono litigators.
By Cedra Mayfield | January 25, 2023
"Appellants are entitled to file only a single reply brief," Georgia Court of Appeals administrators tweeted. "Parties may file a motion for additional words or for an extension of time to file a brief."
By Allison Dunn | January 24, 2023
"I would never want to secure a conviction with even a remote possibility of racial bias against a defendant," Chief Deputy Prosecutor Dan LeBeau said in a statement provided to Law.com. "There was no intentional actions on my part yet I understand the court's ruling."
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | January 24, 2023
Taken together, the Supreme Court's decision in 'Kelly' and the Second Circuit's decision in 'Blaszcazk II' make it clear that the government is constrained when prosecuting insider trading cases where individuals have misappropriated government information that, although confidential, has no direct economic value to the government.
By Colleen Murphy | January 20, 2023
"The nature of this defendant's request concerning her sentence inherently calls for a judicial determination," Judge Jack M. Sabatino wrote for the court. "Fundamentally, defendant is seeking a declaratory ruling that the years she lacked access to a vehicle, and was thus unable to install an IID, justify up to an equivalent period of relief from her sentence. Courts are well equipped to render declaratory rulings that involve such matters of status under the law."
By Jane Wester | January 19, 2023
During oral arguments Thursday, Avenatti's attorney Daniel Habib of the Federal Defenders of New York argued that California's rules of professional conduct permit lawyers to seek their own fees along with damages for their clients in settlement negotiations.
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