By Cedra Mayfield | January 12, 2022
"The trial court concluded that Baker's motion to withdraw was untimely because '[t]he plea had been accepted over five and a half years prior,'" read the Georgia Court of Appeals opinion. "But '[i]t is well settled that a motion to withdraw a guilty plea must be filed within the same term of court as the sentence entered on the guilty plea.'"
By Avalon Zoppo | January 12, 2022
"I hope in the near future the Commission will be able to resume its important function in our criminal justice system," Justices Sonia Sotomayor and Amy Coney Barrett said this week.
New York Law Journal | Analysis
By Paul Shechtman | January 12, 2022
Judge Wilson, in dissent, argued that a limited remand for a 'Frye' hearing—a hearing that should have been held in the first instance but wasn't—was unconstitutional. As best one can tell, however, no judge—state or federal—has previously reached that conclusion. Was he right?
By Jacqueline Thomsen | January 12, 2022
"Simply put, there shouldn't be one set of rules for Republican nominees under Republican presidents and a different set for nominees under Democratic presidents," said Senate Judiciary Committee Chairman Dick Durbin.
The Legal Intelligencer | Commentary
By Matthew T. Mangino | January 6, 2022
The Pennsylvania Supreme Court ruled in the final days of 2021, that "the odor of marijuana alone does not amount to probable cause to conduct a warrantless search of a vehicle." This is "heady" stuff, no pun intended.
By Marianna Wharry | December 30, 2021
The Supreme Court said the sentencing judge's statement that "'[defendant] hasn't had enough time to begin … a history of criminal activity, which I most certainly think would have been the case'" was "based on an impermissible presumption."
The Legal Intelligencer | News
By Aleeza Furman | December 30, 2021
The court found that the precedent applies because, "like the carrying of a concealed weapon by a licensed individual in Hicks, it is simply not a crime for an individual to possess or use marijuana if the requirements of the MMA have been satisfied."
By Allison Dunn | December 29, 2021
"No reasonable jury would have interpreted the phrase 'reasonable person standard' as an invitation to disregard the jury instructions and the subjective theories dominating both sides' closing arguments," the appeals court said.
By Meghann M. Cuniff | December 28, 2021
Avenatti's cooperation in the lawsuit against Geragos comes amid marked optimism about his fate with two criminal appeals, pending a second wire fraud trial scheduled next month in New York.
By Everett Catts | December 22, 2021
"Of the multitude of cases in which a new trial has been denied, Inman's case is the one that causes me the most concern that an innocent person remains convicted and sentenced to serve the rest of his life in prison," said Georgia Supreme Court Chief Justice David Nahmias.
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