Connecticut Law Tribune | News
By Andrew Larson | March 30, 2022
"This appeal requires us to consider the extent to which the detention of witnesses in order to secure their attendance at a criminal trial constitutes coercion that implicates the due-process rights of a criminal defendant," Chief Justice Richard A. Robinson wrote.
New York Law Journal | Commentary
By Bennett L. Gershman | March 30, 2022
Once again, John Giuca's struggle to prove that his 2005 murder conviction was tainted by a Brooklyn prosecutor's extensive misconduct has been thwarted.
By Andrew Denney | March 24, 2022
In May 2015, the U.S. Court of Appeals for the Second Circuit suspended attorney Andres Aranda for 18 months for what it called a "pattern of misconduct."
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | March 22, 2022
Under Second Circuit rule, the court may certify an open question of state law to the state court of last resort. 'Khan v. Yale University' concerned the scope of Connecticut's quasi-judicial immunity doctrine. 'Ferreiras Veloz v. Garland' concerned the scope of New York's petit larceny offense. In each case, the panel faced state-law questions sufficiently uncertain to warrant use of the certification process. The panels' approaches to certification, however, diverged widely.
Daily Report Online | Commentary
By Brandon Bullard | March 21, 2022
Depending on how you count, the Supreme Court of Georgia sheared away three to five decades of its own precedent last week in that case.
New York Law Journal | Analysis
By William Ramos | March 18, 2022
This article aims to clarify the impact of 'Lashley' on the illegal sentence exception to the preservation requirement where there is a claim of illegal predicate felon adjudication.
By Meghann M. Cuniff | March 16, 2022
Senior U.S. District Judge James Selna is expected to schedule a new trial shortly.
By Marianna Wharry | March 16, 2022
"The term 'lustful disposition' perpetuates outdated rape myths that sexual assault, including child sex abuse, results from an uncontrollable sexual urge or a sexual need that is not met," the court wrote, referring to a nearly 100-year-old doctrine that allowed prosecutors to admit evidence of prior, uncharged acts by a defendant against the same victim in a sexual assault case.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | March 15, 2022
The Court of Appeals in 'Matter of Endara-Caicedo v. NYS Department of Motor Vehicles' recently addressed the circumstances in which a motorist will be subject to revocation of her driver's license for refusing to submit to a chemical blood alcohol test. The majority held that a motorist cannot avoid revocation even when the request to submit to a test takes place more than two hours after the arrest.
By Jim Saunders | March 15, 2022
A three-judge panel of the 11th U.S. Circuit Court of Appeals said a federal district judge in 2018 improperly overturned the conviction.
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