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.
By C. Ryan Barber | January 20, 2021
Alan Dershowitz, a lawyer for David Tamman during his criminal appeal, failed to convince the U.S. Court of Appeals for the Ninth Circuit to scrap the prison sentence. Tamman was released from custody in 2019.
By Tom McParland | January 20, 2021
In an opinion that differentiated the case from New Jersey's infamous "Bridgegate" scandal, the panel ruled that prosecutors had proved beyond a reasonable doubt that the defendants had "knowingly and intentionally" defrauded three Adidas-sponsored universities of property by hiding payments to players and their families.
By Charles Toutant | January 19, 2021
The ruling could serve as a warning to lawyers about the dangers of committing prosecutorial misconduct by introducing pop culture references that stray beyond the evidence.
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