By Marianna Wharry | February 18, 2022
The court heard the case of Charmarke Abdi-Issa, who was found guilty of animal cruelty with a domestic violence designation after he abused and killed a dog belonging to his girlfriend Julia Fairbanks in a Seattle parking lot.
New York Law Journal | Analysis
By Peter A. Crusco | February 18, 2022
The Second Department in 'Costan' determined not to extend 'Carpenter' to real time cell tracking of a defendant's cellular telephone. The prosecution had foreseen a potential issue, and prudently articulated the higher level warrant standard of "probable cause" for the real time CSLI order, which the court favorably referred to in its decision.
By Michael A. Mora | February 17, 2022
The appellate judges' decision meant that how Jonathan Aledda's former SWAT commander trained him "directly related to whether Aledda properly or negligently responded to the circumstances with which he was confronted."
By Allison Dunn | February 17, 2022
In a matter of first impression, the New Mexico Supreme Court has ruled that judicial—and not simply prosecutorial—misconduct can bar retrial under the double jeopardy clause.
By Tom McParland | February 16, 2022
The majority said the defendant's statement was not definitive. But Justice Jenny Rivera said it should have immediately triggered a judicial inquiry into whether his demand was made "knowingly and intelligently" and that the defendant could have been deprived of his right to act as his own lawyer.
By ALM Staff | February 16, 2022
The ruling, authored by Judge Reena Raggi of the U.S. Court of Appeals for the Second Circuit, and a summary by the Law Journal's decisions editors can be found here.
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.
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