New York Law Journal | Analysis
By Evan T. Barr | September 10, 2024
Allocution is designed to temper punishment with mercy in appropriate cases and to ensure that sentencing reflects individualized circumstances.
By Jimmy Hoover | September 9, 2024
"I've realized that it can be hard to predict the out-of-nowhere question a justice might ask," U.S. Solicitor General Elizabeth Prelogar said. "But a full 90% or more of the questions you will get at argument will be predictable questions. They will be the central issues in the case."
By Bonnie M. Baker | September 9, 2024
Bonnie Baker discusses the recent Supreme Court decision in 'Diaz v. United States,' involving expert testimony on a defendant's mental state in a criminal case and offers key advice and considerations for white-collar lawyers.
By Jeffrey Collins | The Associated Press | September 6, 2024
Still undecided by the state Supreme Court is a request by the man to postpone his death so his lawyers can argue his co-defendant lied about having a deal to avoid the death penalty or a life sentence in exchange for testifying that he pulled the trigger to kill a clerk after she struggled to open the safe in a store they were robbing in 1997.
New York Law Journal | Expert Opinion
By Michael Packard and Daniel Koffmann | September 4, 2024
Quinn Emanuel partners Michael Packard and Daniel Koffmann discuss the recent decision in 'Diaz v. United States,' where the Supreme Court has given prosecutors the green light to prove defendants' criminal intent by offering expert testimony about the mental state of people "like" the defendant.
New York Law Journal | Commentary
By Josh A. Roth, Sheri Lynn Johnson, and Emmanuel H. Arnaud | September 3, 2024
The 1976 case 'People v. Huffman' distinguishes between "investigatory" and "interrogatory" questioning by the police. In this essay, the authors examine Huffman and show why the Court of Appeals should overrule it.
By Marianna Wharry | August 30, 2024
"Setting aside any question whether switchblades are in common use today for lawful purposes, we conclude switchblades are 'arms' for Second Amendment purposes. Therefore, the carrying of switchblades is presumptively protected by the plain text of the Second Amendment," wrote Massachusetts Justice Serge Georges Jr.
By Avalon Zoppo | August 28, 2024
Cannon, in dismissing the case, found Smith wasn't put on the case in accordance with the Appointments Clause.
By Eric Tucker | August 27, 2024
U.S. District Judge Aileen Cannon's decision that dismissed the prosecution was at odds with longstanding Justice Department practice and must be reversed, special counsel Jack Smith said.
By Avalon Zoppo | August 23, 2024
"[T]he majority is mistaken to brush 'Loper Bright' aside and treat it as irrelevant to the interpretation of regulatory language," Judge Carlos Bea wrote in a concurrence.
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