Law Offices of Gary Martin Hays & Associates
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New York Law Journal | Analysis
By Barry Kamins | August 1, 2022
A unanimous Court of Appeals has underscored the principle that, under certain circumstances, a court's discretion can be limited by a defendant's constitutional right to present a defense.
By Andrew Denney | July 29, 2022
A judge said in a recent ruling that New York state courts have been hit with a "flood" of constitutional challenges filed on behalf of defendants facing illegal gun possession charges.
By Brad Kutner | July 26, 2022
The panel found comments made by an assistant U.S. attorney would have prejudiced the jury had there not been a mountain of evidence and careful preparation by the district judge.
By Andrew Goudsward | July 25, 2022
Bannon's lawyers are likely to use the judge's statements on appeal to push for a more strict standard of "willfulness" in contempt of Congress cases.
By The Associated Press | July 25, 2022
The Fulton County District Attorney's office said in a court filing Friday that it plans to retry McIver on charges of felony murder, aggravated assault with a deadly weapon and possession of a firearm during the commission of a felony.
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.
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