By Mason Lawlor | July 22, 2022
"[A]s noted by the State, the state court similarly failed to address whether either of those delays should be weighed against either party. And as also noted by the State, the state court neither identified the weight to be assigned to those delays nor made any factual findings in support thereof. Absent the required findings on these issues, we must vacate the state court's order and remand the case for the state court to complete the necessary analysis," Appellate Judge Herbert E. Phipps wrote in the opinion.
New York Law Journal | Analysis
By David B. Saxe and Danielle C. Lesser | July 22, 2022
The rebuttal argument is a highly useful opportunity to address the concerns of the panel as well as rebut the arguments of your adversary.
By Mason Lawlor | July 20, 2022
"It's a sad state we're in for criminal trials when the only thing a prosecution needs to convict you is your own words," defense counsel said. "I think it'll have a chilling effect on other defendants."
By Marianna Wharry | July 20, 2022
Following a jailhouse call from Massad, Rowe requested a personnel file of Donald Howard, a police officer who assisted in the investigation into Massad and aided in his arrest.
The Legal Intelligencer | News
By Max Mitchell | July 20, 2022
In Pownall, Dougherty saved his "unconstrained" criticism of the office for a separate 19-page concurring opinion, in which he accused prosecutors of manipulating the grand jury process by withholding definitions, unfairly pushing to bypass the preliminary hearing phase and creating delays with excessive appeals.
Connecticut Law Tribune | News
By Allison Dunn | July 19, 2022
"We conclude that the police officers' questioning of the defendant constituted interrogation for the purposes of 'Miranda' because the police officers should have known that their questions reasonably were likely to elicit incriminating statements from the defendant," Judge Eliot D. Prescott wrote on behalf of the appellate court.
By Colleen Murphy | July 18, 2022
In a precedential 169-page opinion, the U.S. Court of Appeals for the Third Circuit has upheld the convictions and sentences for two members of the Lucchese organized crime family and two Texas brothers on charges of racketeering and conspiracy.
New York Law Journal | Commentary
By Bennett L. Gershman and Joel Cohen | July 15, 2022
Even with powerful evidence of guilt, prosecutors will face daunting challenges to persuade a jury of Trump's guilt, and then defend that conviction in appellate courtrooms.
By Justin Henry | July 14, 2022
Albin spent two decades on the New Jersey Supreme Court before stepping down earlier this month on hitting the mandatory retirement age.
New York Law Journal | Commentary
By Joseph W. Bellacosa | July 14, 2022
How do "noisy" defects in a trial get air-brushed as "harmless"?
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