By Avalon Zoppo | June 15, 2023
Retrying a defendant convicted in an improper court does not violate double jeopardy, justices unanimously hold.
By Riley Brennan | June 15, 2023
"The plain language of Wyo. Stat. Ann. § 7-11-303(a) comports with procedural and constitutional law. For example, defendants have a right to counsel at a preliminary hearing, e.g., Coleman, Wilson, and a right to be present at that hearing," Boomgaarden wrote. "During the preliminary hearing, a defendant can introduce evidence and cross-examine witnesses to, among other things: raise doubts as to whether probable cause exists; illicit testimony for impeachment or other purposes at a later stage; and discover information to assist in preparation for trial."
By Emily Saul | June 14, 2023
Mejia-Ming was promoted to the role of confidential executive assistant district attorney and Chavis stepping in as new chief of staff.
By Lisa Willis | June 14, 2023
"The elephant in the room is that we haven't generated a witness list yet," Special Counsel Jack Smith said in arguing bond conditions before US Magistrate Judge Jonathan Goodman in Miami.
New York Law Journal | Commentary
By Rolando T. Acosta | June 13, 2023
A recent report on New York City judges contains cherry-picked data and unsound methodology and is clearly designed to encroach on judicial independence by intimidating judges into making decisions that align with the authors' ideology, a retired presiding justice of the Appellate Division, First Department writes.
By Riley Brennan | June 13, 2023
"The defendants here are not immune from suit under the Eleventh Amendment because Johnson seeks prospective declaratory and injunction relief and has alleged a sufficient connection between the defendants and Act 1780's enforcement," Judge Jane Kelly wrote on behalf of the court. "The Sevier County Prosecuting Attorney and the Director of the State Crime Lab have a sufficient connection because they possess and control evidence that Johnson seeks to test, and they have refused to provide it to him."
By Emily Saul | June 13, 2023
In an advisory opinion, an ethics panel said Judge Juan Merchan should be able to continue to presiding over litigation in the criminal prosecution of Donald Trump.
New Jersey Law Journal | Commentary
By Louis F. Locascio | June 13, 2023
In 1994, an offender's violation of the registration requirements constituted a fourth-degree offense. However, the statute was amended in 2007, elevating a violation to a third-degree offense. If a defendant is sentenced as a sex offender between 1994 and 2007, but violates the registration requirements after 2007, does charging the defendant with a third-degree offense constitute an ex post facto violation?
New York Law Journal | Analysis
By Joel Cohen | June 12, 2023
But what if the prosecutor's office determines that a convicted defendant in jail may have been wrongly convicted but is actually guilty? What is their obligation then? Can they just sit on their hands and do nothing? Or, if only as a matter of legal ethics, must they try to repair the wrongful conviction by asking the courts to set it aside, even if they believe the defendant is guilty?
By Lisa Willis | June 9, 2023
"[This is] going to make the O.J. case seem like Minor-League baseball," University of Miami School of Law professor Craig Trocino said.
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