Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By thelegalintelligencer | The Legal Intelligencer | August 18, 2017
Minor was properly adjudicated delinquent where eyewitness testimony supported the court's determination that minor committed simple and aggravated assault, disorderly conduct and attempted to obstruct the police escorting his stepfather to a police car when he cursed and jumped on the officers and his claim that he was prevented from exploring the bias of a witness was unfounded since the court did allow testimony regarding the length and character of the witness' relationship with one of the officers. Affirmed.
By thelegalintelligencer | The Legal Intelligencer | August 18, 2017
Trial court properly denied appellant's motion for a new trial after he was convicted for drug delivery resulting in death, possession with intent to deliver, possession of drug paraphernalia and possession of controlled substance because his constitutional challenge to 18 Pa. C.S.A. §2506 failed, there was sufficient evidence that the heroin he sold caused the addict's death, trial court gave adequate cautionary and jury instructions and prosecution's reference to user's credibility in its closing argument was in response to comments by the defense in its closing argument. Affirmed.
By Ben Hancock | August 17, 2017
U.S. District Judge Juan Sanchez's ruling is another rebuke of a controversial ruling by the Second Circuit last year in favor of tech companies that warrants under the Stored Communications Act cannot reach outside the United States.
By Andrew Denney | August 15, 2017
In the impending trial for a man accused of planting bombs in New York City and New Jersey, prosecutors will not be able to submit evidence related to the defendant's alleged shootout with and flight from Linden, New Jersey police.
By newyorklawjournal | New York Law Journal | August 15, 2017
Warrants for Emails' Seizure Did Not Violate Fourth Amendment Particularity Requirement
By Edward M. Spiro and Judith L. Mogul | August 14, 2017
In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul write: On May 12, 2017, the United States settled its asset forfeiture and money-laundering case against Prevezon Holdings just days before that case was scheduled to go to trial, with both sides claiming the $5.9 million settlement as a victory. The facts behind 'U.S. v. Prevezon Holdings' were the stuff of spy novels, but the far from headline-grabbing questions concerning application of the hearsay rule to foreign records the government intended to introduce at trial also led to a hearsay analysis of note.
By thelegalintelligencer | The Legal Intelligencer | August 11, 2017
Trial court erred in precluding plaintiff's conviction for receipt of stolen property, where crimen falsi evidence was per se admissible, and where evidence of the conviction was relevant to plaintiff's wage loss claim. Judgment reversed in part and affirmed in part, case remanded for new trial on damages.
By thelegalintelligencer | The Legal Intelligencer | August 11, 2017
The suppression court appropriately denied defendant's motion to suppress a handgun seized by police from a public bathroom in a barbershop where defendant worked since he failed to establish a subjective expectation of privacy such that the warrantless police entry implicated his own personal privacy rights. The court affirmed defendant's judgment of sentence.
By thelegalintelligencer | The Legal Intelligencer | August 11, 2017
The Post Conviction Relief Act court appropriately granted defendant a preclusion order since the private interview prosecutors sought with defendant's trial counsel could easily have become a freewheeling inquiry into privileged matters falling outside the scope of defendant's claim of ineffective assistance of counsel. The court affirmed an order of preclusion.
By thelegalintelligencer | The Legal Intelligencer | August 11, 2017
Evidence of refusal of blood alcohol test properly excluded where commonwealth permitted to submit other evidence of defendant's reckless driving, including his consumption of alcohol, high rate of speed, and failure to stop at a red light, as evidence of refusal of test presented risk of unfair prejudice or confusion of issues. Order of the trial court affirmed.
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