By Charles Toutant | June 19, 2017
An appeals court has ruled that two consecutive suits by a criminal defendant against his defense attorneys in the same case do not constitute a violation of the entire controversy doctrine.
By Peter H. Lederman | June 19, 2017
More people arrested for DWI should receive the kind of support that Tiger Woods is getting.
By Edward M. Spiro and Judith L. Mogul | June 19, 2017
In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul write: Although a party or witness in civil litigation may invoke the Fifth Amendment, such invocation often comes at a high price, because, in contrast to the criminal context, the finder of fact in a civil case may draw an adverse inference against the party or witness who declines to provide evidence based on the Fifth Amendment privilege against self-incrimination. Recent decisions from the Southern District address when and how the Fifth Amendment can be invoked in civil litigation, and the ramifications to litigants when parties and non-party witnesses avail themselves of that privilege.
By Tony Mauro | June 19, 2017
In a unanimous decision written by Justice Anthony Kennedy, the court made numerous references to the importance of social media as a source of news and a forum for the exchange of views.
By Jules Epstein | June 19, 2017
No area of law may be more vexing, and more subject to dispute, than the admission or exclusion of "other acts" evidence—often mis-labeled "prior bad acts" evidence—in criminal cases. Evidence of an "act" that only conveys the actor's character is inadmissible; but evidence with a non-character purpose may be admissible, subject to a balancing test.
By newyorklawjournal | New York Law Journal | June 19, 2017
Passenger Granted Suppression of Evidence Recovered After Vehicle's Stop, Seizure
By Lizzy McLellan | June 17, 2017
Capping more than five days of jury deliberations and years of debate in the court of public opinion, Bill Cosby's criminal trial ended in mistrial on Saturday, after a Pennsylvania jury failed reach a verdict on charges that he sexually assaulted Andrea Constand.
By newyorklawjournal | New York Law Journal | June 16, 2017
Obstruction, Resisting Arrest Charges Facially Sufficient; Disorderly Conduct Charge Dismissed
By newyorklawjournal | New York Law Journal | June 16, 2017
Appeal Held in Abeyance to Afford Defendant Chance to Move to Vacate Guilty Plea to Charge
By thelegalintelligencer | The Legal Intelligencer | June 16, 2017
Trial court erred in allowing police officer to testify to conclusion that driver was impaired by marijuana because he had eyelid tremors because acts and circumstances of the case clearly fell into the category that required expert testimony to show marijuana use and the commonwealth provided no evidence that driver had recently ingested marijuana. Judgment vacated.
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