New York Law Journal | Analysis
By William C. Donnino | January 4, 2024
In a split decision, the Court of Appeals in 'People v. Debellis' held that defense counsel did not provide meaningful representation because counsel failed to request a jury instruction on the "defense of voluntary surrender" of a firearm pursuant to Penal Law §265.20(a)(1)(f).
By Emily Saul | January 3, 2024
In an email to supporters and friends, Szuchman wrote that now was not the right time to throw his hat in the ring.
New York Law Journal | Analysis
By Evan T. Barr | January 3, 2024
The U.S. Supreme Court granted certiorari in 'McIntosh v. United States' to determine whether a district court may enter a preliminary order of forfeiture divesting a defendant of his or her property outside the time limits set forth in the Federal Rules of Criminal Procedure. The court's decision in 'McIntosh' may clarify whether the government can be strictly held to the kinds of deadlines that bedevil every other litigant.
By Allison Dunn | January 2, 2024
Judge Daniel Gaul was immediately suspended from the bench without pay for one year after he was found to have committed 29 rule violations under eight counts.
By Jane Wester | January 2, 2024
SDNY prosecutors said a second trial would not affect Bankman-Fried's guidelines range at sentencing because U.S. District Judge Lewis Kaplan "can already consider all of this conduct."
By Amanda Bronstad | January 2, 2024
U.S. District Judge Josephine Staton, in the Central District of California, issued the Tuesday docket entry after three days of testimony last year in a competency hearing and a final round of briefing.
By Chris O'Malley | January 2, 2024
Blackmail, battery and insider trading were among the offenses that derailed or ended careers of former legal department attorneys in 2023.
By Avalon Zoppo | December 26, 2023
"The Constitution plainly requires that a criminal defendant be tried in the place where the criminal conduct occurred," appeals court says.
By Colleen Murphy | December 26, 2023
"Defendants contend they were unduly prejudiced by these video playbacks, citing research indicating that slow-motion presentations can increase a viewer's perception or inferences of intentional conduct," stated Judge Jack M. Sabatino, in his written opinion for the court. "To date, there are no published New Jersey opinions that address the question."
By Cary London | December 21, 2023
In a criminal case involving domestic violence in New York, a favorable Molineux ruling may occur when the judge decides to exclude evidence related to the defendant's prior bad acts— specifically a previous fight—despite the prosecution's attempt to introduce such evidence.
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