By Kenneth E. Pitcoff and Frank H. Foster | July 23, 2024
As there has been a substantial increase in civil litigation concerning wrongful convictions, police officers and municipalities face potential liability for their involvement in the arrest and criminal prosecution of the wrongly accused. While wrongful conviction cases are incredibly nuanced, these cases are still highly defensible and there are a multitude of ways that police officers and municipalities can be defended against such claims.
Daily Report Online | Expert Opinion|News
By Mason Lawlor | July 22, 2024
"My gut, based on my experiences, says it will have a significant effect and change how plaintiffs draft their complaints," said Phil Rothschild, senior counsel at Holland & Knight's Fort Lauderdale office. "The cards are on the table early."
Delaware Business Court Insider | News
By Ellen Bardash | July 19, 2024
Hundreds of filings in June and July have been made in connection with the motions to block expert testimony. Meanwhile, both sides have filed motions for summary judgment that haven't been decided, and both have moved for the other to be sanctioned or held in contempt.
Connecticut Law Tribune | News
By Emily Cousins | July 19, 2024
"It is long past time that the petitioner be afforded the opportunity to challenge the procedures related to the eyewitness identification used in his criminal case in light of the principles we articulated in 'Dickson,'" the high court held.
By Jimmy Hoover | July 17, 2024
Ruben Gutierrez has been fighting to obtain DNA testing to show the murder was committed by his accomplices and that he should therefore be spared the death penalty.
New York Law Journal | Commentary
By Paul Townsend and Sarena Townsend | July 14, 2024
For too long, a suspect's rights to know when he or she is being interrogated and to have an attorney's presence at police-orchestrated questioning have been brushed aside so that detectives can devise a ruse to coerce a confession, Paul Townsend and Sarena Townsend write.
By Cary London | July 13, 2024
The dismissal hinged on a Brady disclosure violation related to a box of ammunition delivered to the Santa Fe County Sheriff's Office.
The Legal Intelligencer | Commentary
By Jules Epstein | July 12, 2024
At least some facial identifications are reliable (see, e.g., familiar identifications of a previously well-known individual). The question is—can the same be said when the perpetrator was fully masked and all that was visible were his eyes?
By Andrew Denney | Katharine Lee | July 9, 2024
Weinstein, 72, was convicted of rape and sexual assault in 2020 and sentenced to 23 years in prison.
New Jersey Law Journal | Commentary
By NJLJ Young Lawyers Advisory Board | July 9, 2024
"The portrayal of rap lyrics as literal expressions of criminal intent ignores the longstanding tradition of adopting personas, exaggeration, and hyperbole for artistic effect," writes the NJLJ Young Lawyers Advisory Board.
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