New York Law Journal | Analysis
By Evan T. Barr and Arthur Kutoroff | May 4, 2022
'Afriyie' has created a bright line rule that may ultimately protect some defendants from having to pay certain exorbitant sums as restitution. On the other hand, the decision also creates a maddening and impractical situation for corporate counsel.
By ALM Staff | May 4, 2022
The ruling and a summary by the Law Journal's decisions editors can be found here.
By Jane Wester | May 3, 2022
Defendant Keith Raniere's Sixth Amendment rights were violated when the trial judge prematurely ended the defense team's cross-examination of the government's cooperating witness, one appellate lawyer argued.
New York Law Journal | Analysis
By Thomas R. Newman and Steven J. Ahmuty Jr. | May 3, 2022
In their Appellate Practice column, Thomas Newman and Steven Ahmuty examine the 2021 annual report of the clerk of the Court of Appeals—"a document crammed full of information that will be of interest not only to appellate practitioners and dedicated court watchers, but to anyone seeking to learn the role and operation of our state's highest tribunal."
New York Law Journal | Analysis
By Martin A. Schwartz | May 3, 2022
In this edition of his Section 1983 Litigation column, Martin A. Schwartz continues his analysis of circuit decisions evaluating police use of force against persons suffering from mental illness, focusing here on a recent Sixth Circuit decision in which the officer employed both Taser and deadly force.
New York Law Journal | Analysis
By Martin A. Schwartz | May 3, 2022
In this edition of his Section 1983 Litigation column, Martin A. Schwartz begins his analysis of circuit decisions evaluating police use of force against persons suffering from mental illness, focusing here on decisions from the First, Fourth and Ninth circuits in which officers employed Taser force against an individual suffering from mental illness.
By Avalon Zoppo | May 2, 2022
The man argued his rights to counsel and allocution were violated when he was muted twice during a remote sentencing hearing.
By Meghann M. Cuniff | April 26, 2022
Orange County Superior Court Judge Michael Murray faces possible removal from the bench in a Commission on Judicial Performance hearing underway this week in Santa Ana.
By Colleen Murphy | April 22, 2022
The appeals court said the lower court "erred by misapplying the foregone conclusion standard and importing Fourth Amendment principles into what is purely a Fifth Amendment inquiry."
By Brian Lee | April 21, 2022
The high court heard the case after the Appellate Division, Second Department reversed a conviction in a 3-2 vote, ruling the screenshots were improperly admitted. It said the text messages themselves were insufficient to establish the defendant's identity as their author.
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