Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
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.
By Tom Hays | January 26, 2022
The U.S. Court of Appeals for the Second Circuit rejected claims that Judge Brian Cogan made rulings allowing a jury to hear faulty evidence at notorious Mexican drug lord Joaquin "El Chapo" Guzman's 2019 trial.
By Allison Dunn | January 21, 2022
A Florida appellate panel ordered a new trial for a man who was convicted of drug offenses after his trial attorneys failed to exercise a strike for cause against a juror who showed she was biased against defendants who invoke their Fifth Amendment right.
New York Law Journal | Commentary
By Alexander R. Klein | January 21, 2022
'Hamilton' changed New York's criminal law in 2014, yet eight years later "actual innocence"-dismissals are not bases for "actual innocence" claims in civil court. The solution is thus straightforward: Make the Court of Claims Act modern again.
By Allison Dunn | January 20, 2022
"Faced with the widespread and growing problem of nonconsensual pornography, the legislature acted within its authority to safeguard the health and safety of its citizens from this unique and serious crime by passing Indiana Code section 35-45-4-8," Justice Mark S. Massa wrote in the court's opinion Tuesday.
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