New Jersey Law Journal | Commentary
By Marie E. Lihotz and Marianne Espinosa | February 2, 2021
APPELLATE ANSWERS: Without a theme stitched throughout each phase of a presentation, you are left with a series of somewhat disjointed facts, people, or events, and the overall message unravels.
New York Law Journal | Analysis
By Barry Kamins | February 1, 2021
In his Criminal Law and Procedure column, Barry Kamins reviews recent jurisprudence from the New York Court of Appeals regarding vehicle stops: The court clarified the legal standard required for both a traffic stop as well as an investigative stop based on suspicion of criminal activity; it offered guidance on stops that are based upon a mistake of law by police officers; and it clarified the prosecution's burden to justify an automobile stop based on reasonable suspicion of criminal activity.
By Greg Land | January 28, 2021
The appeals panel said Judge Jane Morrison had not warned the defense lawyer that she could be held in contempt for refusing to divulge sources she said were privileged.
Daily Report Online | Commentary
By Mark Loudon-Brown and M. Chris Fabricant | January 27, 2021
"A civil defendant's money is protected against unreliable science, but a criminal defendant's life is not."
By Suzette Parmley | January 26, 2021
The increase from a fourth-degree offense to a third-degree one for failure to register was neither punitive nor violated ex post facto clauses of federal and state constitutions, ruled Justice Jaynee LaVecchia.
The Legal Intelligencer | News
By Max Mitchell | January 26, 2021
Smukler had pointed to case law that applied a heightened definition of "willfully" when it comes to complex areas of the law, in arguing that federal prosecutors needed to prove that he both knew the law and that he intended to violate that law.
By Tom McParland | January 25, 2021
Seven justices of the high court voted to deny certiorari in the case, which argued that Silver's conviction was the result of bad case law governing extortion by "force, violence or fear."
By Jason Grant | January 22, 2021
"To find that the defendant's act amounted to a terroristic threat would trivialize the definition of terrorism by applying it loosely in situations that do not match our collective understanding of what constitutes a terrorist act," the Appellate Division, First Department said.
By John M. Baker and Katherine M. Swenson | January 21, 2021
In 'Finch v. Payne', the circuit court affirmed a grant of habeas corpus based on "objectively unreasonable" determination that defendant did not invoke right to represent himself.
By Jim Saunders | January 21, 2021
Marcus May, whose company Newpoint Education Partners operated 15 schools in six counties and was sentenced to 20 years in prison for racketeering and fraud, is asking the First District Court of Appeal to overturn his 2018 conviction.
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