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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.
By Jason Grant | November 22, 2022
The effect of the First Department's decision is that a seven-count indictment against the defendant, based in part on him allegedly forging deeds and using them as exhibits in real property actions as part of a fraud scheme targeting the elderly, has been dismissed.
By Marcia Coyle | November 22, 2022
The justices have been dealing with a flurry of last-minute death penalty applications. We have details. And the Insular Cases appear to be here to stay.
The Legal Intelligencer | News
By Madeline Manion | November 22, 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," Commonwealth Court Judge Michael Wojcik said.
New Jersey Law Journal | Commentary
By NJLJ Young Lawyers Advisory Board | November 21, 2022
We must continue to hold attorneys accountable and seek different solutions to prevent this type of injustice.
By Kim Chandler | The Associated Press | November 18, 2022
It is the second execution since September the state has canceled because of difficulties with establishing an IV line with a deadline looming.
By Brian Lee | November 17, 2022
The New York Court of Appeals on Thursday rejected a justification defense brought on by the Legal Aid Society on behalf of a man who struck a small…
By Emily Saul | November 16, 2022
The decision to disbar ex-Justice Sylvia Ash came on the same day her conviction on conspiracy and other charges connected to a credit union CEO's embezzlement scheme was upheld by the Second Circuit.
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