Criminal Law

  • The Recorder

    Cross-Border Criminal Investigations Just Became More Complicated

    By Hartley M.K. West, Steven G. Kobre and Michael F. Peng | September 7, 2017

    The future of cross-border government enforcement investigations has been shaken by the U.S. Court of Appeals for the Second Circuit's recent decision in United States v. Allen, 864 F.3d 63 (2d Cir. 2017), which held that the Fifth Amendment's prohibition on the use of compelled testimony in criminal proceedings applies even when that testimony was compelled by a foreign official in a foreign investigation. Allen's ramifications are far-reaching and may put pressure on other circuits, including the Ninth, to embrace the holding or disavow it.

  • New York Law Journal

    The People v. Morris

    By newyorklawjournal | New York Law Journal | September 6, 2017

    Lineup Conducted Without Defense Counsel Suppressed; No Exigent Circumstances

  • New York Law Journal

    Brooklyn DA Hopefuls Embrace Thompson's Record, Seek Distance from Hynes'

    By Andrew Denney | September 6, 2017

    In a joint appearance as candidates before next week's Democratic primary, five of the six lawyers seeking to be elected Brooklyn district attorney sought to embrace the policies of Kenneth Thompson, who died in office last year, and distance themselves from the tainted legacy of ex-DA Charles Hynes, during whose tenure they all worked as prosecutors.

  • New York Law Journal

    Lawyer Caught Up in Willkie Partner's Arrest Promises Tell-All Memoir

    By Christine Simmons | September 6, 2017

    A plaintiffs lawyer whose career was upended over his communications with a criminally indicted former Willkie Farr & Gallagher partner is writing what he called a "deeply personal memoir" about "friendship and betrayal" related to the still-evolving drama.

  • New York Law Journal

    'Could Be Deported' Was Inaccurate Legal Advice, Court Says

    By Jason Grant | September 6, 2017

    A defendant received ineffective assistance of counsel when his lawyer told him that he "could be" deported—not that he definitely would be deported—as a result of his guilty plea for attempted robbery, a divided state appeals court has ruled.

  • The Recorder

    People v. Washington

    By therecorder | The Recorder | September 6, 2017

    C.A. 2nd; B270506 The Second Appellate District affirmed a judgment. In the published portion of its opinion, the court held that because the U.S. Supreme…

  • The Recorder

    Ybarra v. Filson

    By therecorder | The Recorder | September 6, 2017

    9th Cir.; 13-17326 The court of appeals vacated and remanded in part a district court judgment and denied an application for leave to file a second or…

  • New Jersey Law Journal

    As Menendez Trial Begins, Debate Over Significance of Friendship With Melgen

    By Charles Toutant | September 6, 2017

    Wednesday's opening arguments in the bribery trial of U.S. Sen. Bob Menendez, D-New Jersey, and eye doctor Salomon Melgen focused on the extent and significance of the two men's friendship.

  • Daily Report Online

    Fulton Sheriff Strips All County Law Enforcement of Jail Surveillance Access

    By R. Robin McDonald | September 6, 2017

    In addition to blocking Fulton County District Attorney Paul Howard and his staff from using the county jail's surveillance system, Sheriff Ted Jackson also has locked out all county law enforcement agencies unless they have a subpoena.

  • New Jersey Law Journal

    State v. Nicholson

    By njlawjournal | New Jersey Law Journal | September 6, 2017

    Intimate Parts Were "Exposed" to View Under Criminal Statute Where Visible Through Sheer Undergarments

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