By Cheryl Miller | March 18, 2021
The decision was announced in a docket entry Wednesday in response to a February letter from Bay Area attorney Jon Eisenberg and retired state appellate justice Gary Strankman alerting the court that at least 57 fully briefed cases have been waiting up to five years for final action by the Third District.
New York Law Journal | Commentary
By Jason P.W. Halperin | March 18, 2021
In the ongoing renewed introspection in America about racial justice and the criminal justice system, we should put banning the federal death penalty at the top of the list of criminal justice reforms.
New York Law Journal | Commentary
By Bennett L. Gershman | March 16, 2021
In a 29-page decision filed last week, Judge Zayas meticulously documented how the two prosecutors abdicated their constitutional and ethical duties and denied defendants a fair trial.
New Jersey Law Journal | Commentary
By Marie E. Lihotz and Marianne Espinosa | March 12, 2021
APPELLATE ANSWERS: Obviously, the client has an absolute right to come to oral argument and, certainly, you must keep your client informed about the progress of the case. But before you encourage your client to attend, first ask yourself: Why do you want your client there?
By Cheryl Miller | March 11, 2021
"I believe the peremptories are born of bias and prejudice and should not have a role in our criminal justice system," Senate Judiciary Chairman Tom Umberg, D-Santa Ana, says.
New York Law Journal | Analysis
By Ilann M. Maazel | March 10, 2021
False confessions and mistaken witness identification often play a decisive role in defendants being wrongly convicted. In this edition of his Civil Rights Litigation column, Ilann M. Maazel writes that it is time for a thorough reckoning of criminal cases that rely on such troubled evidence.
By Jacqueline Thomsen | March 8, 2021
"Luckily, The Marshall Project and The Associated Press's reporting is of a higher pedigree than the extra-record sources that some embrace," one judge wrote, referring to opinions where her colleague cited the Grateful Dead and a blog post about baseball.
Daily Report Online | Commentary
By Andrew Fleischman | March 8, 2021
As if all this weren't bad enough, the sole exception we make to this broad rule, under which intent is never required to prove a murder, is almost exclusively for men who murder their wives and girlfriends out of sexual jealousy.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | March 7, 2021
Justice Albin, the sole dissenter, presented a convincing multi-part rationale that applying a penalty for the registration violation that was increased after the defendant committed the original crime was unconstitutional.
The Legal Intelligencer | News
By Suzette Parmley | March 4, 2021
The case could serve as a preview of what's to come as other states—including New Jersey—have moved to legalize medical and recreational marijuana, redefining legal parameters for law enforcement.
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