By Allison Dunn | February 4, 2022
The high court said the ruling was intended to provide "broad guidance" for lower courts on what it called a "recurring issue of statewide importance."
By Allison Dunn | February 3, 2022
In a case of first impression, the New Mexico Court of Appeals departed from federal precedent this week in siding with a defendant who argued that a police inventory search of a locked gun safe in his vehicle violated his state protections against unreasonable search and seizure.
Connecticut Law Tribune | News
By Andrew Larson | February 3, 2022
The Supreme Court found the lower court's reliance on the "materially false superpredator myth" was detrimental for two reasons.
New York Law Journal | Commentary
By Marc L. Greenwald and Phillip B. Jobe | February 2, 2022
Attorneys from Quinn Emanuel Urquhart & Sullivan write that a disclosure law that allows the government to withhold most witness statements until after the witness testifies at trial is "unworkable, unfair and un-American."
New York Law Journal | Analysis
By Christopher Dunn | February 2, 2022
In an 8-1 decision written by Justice Sonia Sotomayor, liberal and conservative justices agreed that the Court of Appeals' position that prosecutors were free to introduce hearsay evidence without an opportunity to cross-examine if the defense had created a "misleading impression" violated the Sixth Amendment's Confrontation Clause.
By Jason Grant | February 1, 2022
The appeals court set out markedly different reasons and analyses for the two groups of police officers—superior officers involved in the protests and their subordinates—explaining why claims of qualified immunity did not lead to the dismissal of the action.
National Law Journal | Commentary|Expert Opinion
By Paul Schiff Berman | January 31, 2022
The Supreme Court should act with proper time for reflection and deliberation wherever possible with the justices clearly explaining their decisions with legitimate rational arguments.
New York Law Journal | Analysis
By Barry Kamins | January 31, 2022
Last year, appellate courts granted sentence reductions and modifications in increasing numbers and under a variety of circumstances, and in many instances they substantially reduced the length of a defendant's incarceration. In his Criminal Law and Procedure column, Barry Kamins discusses several cases where appellate review of sentences resulted in sentence reductions.
By Marianna Wharry | January 28, 2022
"Given that Nevada's prison regulation prevents Johnson from praying according to his faith, it has substantially burdened his religious exercise," Judge Patrick J. Bumatay wrote for the panel. "Nevada also fails to show that its regulation is the least restrictive means of furthering its compelling interest."
By Allison Dunn | January 26, 2022
A defendant who failed to object to a district judge's decision to hold a remote sentencing hearing under the Coronavirus Aid, Relief, and Economic Security Act cannot now challenge that decision on appeal, a panel of the Seventh Circuit said Jan. 21.
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