By Marianna Wharry | November 16, 2021
The three-judge panel examined for the first time whether the phrase "lack of diligent preparation" in the Speedy Trial Act refers to any discovery violation or only egregious violations.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | November 15, 2021
The Appellate Division recognized, as we should, a much more immediate possible influence of SCOTUS dissents.
By Avalon Zoppo | November 12, 2021
In a recent paper, a University of Florida law professor looked at why, where and how to add judges to the nation's federal appeals courts.
By Jacqueline Thomsen | November 11, 2021
"What may have once been a much-needed efficiency has become an over-used convenience that threatens to undermine core distributive justice and day-in-court values," a new law review article argues.
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | November 10, 2021
In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions handed down recently, including a memorandum explaining a judge's intention to reduce an overly harsh sentence required as a mandatory minimum in 2011; a decision declining to preliminarily enjoin the enforcement of COVID-19-related Executive Orders; and a decision addressing a bank's claims seeking to avoid contractual obligations to an airline in light of disruptions caused by COVID-19.
By John M. Baker and Katherine M. Swenson | November 10, 2021
The court recently affirmed the denial of a motion to suppress evidence obtained after a traffic stop that was ostensibly based on a crack in the windshield that did not go all the way across the windshield and did not obstruct the driver's view.
By Avalon Zoppo | November 9, 2021
Five more judges have joined their colleague Stephanos Bibas in saying that courts should not "reflexively defer" to U.S. Sentencing Guidelines' commentary when deciding punishments.
By Avalon Zoppo | November 9, 2021
Judge Stephanos Bibas wrote a concurrence last year saying courts shouldn't automatically defer to U.S. Sentencing Commission commentary when sentencing guidelines are ambiguous and that the "rule of lenity" should be applied. On Monday, after the case took a trip to the U.S. Supreme Court, five more judges joined Bibas' opinion.
By Avalon Zoppo | November 9, 2021
Judge Stephanos Bibas wrote a concurrence last year saying courts shouldn't automatically defer to U.S. Sentencing Commission commentary when sentencing guidelines are ambiguous and that the "rule of lenity" should be applied. On Monday, after the case took a trip to the U.S. Supreme Court, five more judges joined Bibas' opinion.
By Allison Dunn | November 8, 2021
Bobby L. Taylor, who appealed the jury's guilty verdict finding him guilty of possession of a controlled substance, claimed the trial court erred when it dismissed a juror for his refusal to vote guilty because of his conflicting preexisting views about the state's drug laws.
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