The Legal Intelligencer | Commentary
By Nilam A. Sanghvi | November 20, 2020
"Innocent until proven guilty beyond a reasonable doubt." There is perhaps no presumption more familiar in the law than the presumption of innocence.
By Jacqueline Thomsen | November 18, 2020
If confirmed, Thomas Kirsch will continue on the U.S. Court of Appeals for the Seventh Circuit's reputation as the only all-white federal appeals court.
By R. Robin McDonald | November 17, 2020
A U.S. Army veteran who was the first person prosecuted by the Trump administration for leaking information to the news media, contracted COVID-19.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | November 17, 2020
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the court's decision in 'Razzouk', which continues a trend in favor of authorizing restitution by applying a non-categorical approach to the crimes-against-property provision of the MVRA, thereby making restitution contingent on the manner in which the offense was committed rather than on the crime's elements.
By R. Robin McDonald | November 16, 2020
The opinion opens the door for the former jurist to seek or hold judicial office again after he completes 12 months of probation.
By Tom McParland | November 12, 2020
The decision, joined by Judge Joseph F. Bianco of the U.S. Court of Appeals for the Second Circuit, was careful not to take any position on the "ultimate outcome" of Frost's due process claims, but allowed the case to proceed against the detectives and the city.
The Legal Intelligencer | News
By Suzette Parmley | November 12, 2020
"[Mark] Baldwin's position as district attorney seems to have protected him from such censure," Berks County Court of Common Pleas Judge Eleni Dimitriou Geishauser said. "But in this matter, all men are created equal before the law and this court renders judgment of Mr. Baldwin's egregious behavior."
By Tom McParland | November 9, 2020
The appeals court upheld a Manhattan federal judge's ruling from July, which rejected Maxwell's attempt to modify a protective order in her own criminal sex-trafficking case, which accuses the former British socialite of enabling Jeffrey Epstein's abuses.
New Jersey Law Journal | Commentary
By Thomas Roughneen | November 9, 2020
OP-ED: Legislatures across the country have determined that combat Veterans, without a previous criminal record, deserve rehabilitation when possible. New Jersey has such a diversion statute, but our judicial system needs bold leadership to energize the Veterans Criminal Diversion Program.
By By Luke Cass and Christopher J. (CJ) Frisina | November 6, 2020
In a matter of first impression, the District of Columbia Court of Appeals held in Jordan v. United States, "for the first time, that a belated correction to a defendant's sentence, even an illegal one, may violate the Due Process Clause," "in extreme circumstances." The Jordan case presents an extreme example of a substantive due process violation in the context of sentence finality with important lessons about government overreach.
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