New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | February 15, 2022
In 'People v. Wilkins', the Court of Appeals considered whether a defendant can retroactively waive his right to be present at a sidebar conference where the trial court questions a prospective juror concerning issues of potential bias or hostility.
New York Law Journal | Commentary
By James M. McGuire | February 14, 2022
Regardless of the extent to which reasonable minds may agree or disagree on his stated policies, District Attorney Bragg has overstepped his role and failed to meet obligations under the New York Constitution.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | February 13, 2022
There are numerous possible variations that would achieve the same dual goals of clarity and parsimony. We hope the court will consider one of them.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | February 13, 2022
We believe that requiring four votes in this special type of case would not lead to an anti-death penalty cabal, and we ask the court to consider amending its internal procedures to adopt that rule as well as providing reasons in cases such as that of Matthew Reeves.
New Jersey Law Journal | Commentary
By Marie E. Lihotz and Marianne Espinosa | February 10, 2022
During a trial, when jurors have been exposed to extraneous information or prejudicial influences, the trial court's obligation is well established. Once a verdict is rendered, any inquiry into allegations of juror misconduct is substantially curtailed.
By Marcia Coyle | February 9, 2022
The pro bono victory followed a five-day evidentiary hearing on the inmate's claim of ineffective assistance of counsel at his sentencing.
By Avalon Zoppo | February 9, 2022
A former private equity executive challenging his three-month prison sentence argues tests scores are not property under fraud statutes.
By Ross Todd | February 9, 2022
"What we've advocated since before the indictment is if you simply read the actual rule, the question of LIBOR must have an answer: There was no crime here and that's where our representation started and that's where we are at this point ending up," Seth Levine says.
By Marianna Wharry | February 8, 2022
An adult defendant's juvenile offenses can be factored into the decision for a life-without-parole sentence under New Jersey's Three Strikes Law, the New Jersey Supreme Court ruled.
By Marianna Wharry | February 8, 2022
In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit followed Second Circuit guidance in concluding that exigent circumstances can justify law enforcement's access to a defendant's cellphone "pings," or GPS location, and call logs—even after failing to obtain a warrant.
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