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The Recorder

9th Circuit Says a Consent-Based Search Was 'Unlawful' in Partial Reversal

The panel partially reversed the U.S. District Court for the Central District of California's denial of defendant Brett Wayne Parkins' motion to suppress a search of his apartment when officers from the Huntington Police Department questioned him for aiming a laser pointer at an aircraft.
4 minute read

New York Law Journal

Feds Say Death of Key Witness in Brian Benjamin Bribery Case Does Not Affect Pending Appeal

A Second Circuit panel composed of Judges Amalya Kearse, Dennis Jacobs and Steven Menashi has been deliberating on the future of Benjamin's bribery and fraud charges since oral arguments in May.
4 minute read

New York Law Journal

New York's Top Court Hears Harvey Weinstein's Appeal of 2020 Rape Conviction

Weinstein's appeal centers on whether "Molineux" evidence—details about prior uncharged crimes involving a defendant—was properly admitted in the case.
5 minute read

Daily Report Online

Eleventh Circuit Upholds Life Sentences for Olympic Park Bomber

Eric Robert Rudolph remains bound to the terms of his 2005 plea agreement in which he accepted multiple life sentences to escape the death penalty.
2 minute read

Daily Report Online

Cellphone Evidence in Spotlight as Justices Scrutinize Admissibility

"If we give police officers the idea that they can illegally access a cellphone, see whatever's on there and then go get a warrant based upon the warrantless stuff that they've seen, they can reverse engineer enough probable cause," argued appellant counsel John Jay McArthur.
6 minute read

New Jersey Law Journal

'The Machinery of Death' Gets Worse

We know that Oklahoma and Mississippi have approved use of the nitrogen hypoxia execution method but not yet carried it out. Ohio and Louisiana are among the states that are considering it. We hope that none of them fall prey to the Alabama attorney general's hucksterism.
4 minute read

New York Law Journal

Felon in Possession, New York Gun Ban and Disqualification of Counsel

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Kiyo A. Matsumoto denied defendant's motion to withdraw his guilty plea and dismiss the indictment charging him as a felon in possession. Judge Frederic Block dismissed an action for a declaration holding New York's ban on assault weapons unconstitutional. Magistrate Judge Lee G. Dunst granted a motion to disqualify counsel.
9 minute read

New York Law Journal

Hogan, Morgenthau Awards Presented to Veteran New York Prosecutors

The District Attorneys Association of the State of New York feted three prosecutors on Feb. 2 in New York City at the organization's annual winter board of directors and membership meeting.
2 minute read

National Law Journal

'Unprecedented Assault': DC Circuit Rejects Immunity for Trump in Election Case

"We cannot accept former President Trump's claim that a President has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power—the recognition and implementation of election results," the court stated.
5 minute read

New York Law Journal

Court of Appeals Upholds Sweeping Premise of New Discovery Law

In 'People v. Bay', the court acknowledged the raison d'etre of the new law: that the People cannot be ready for trial without having fully complied with their discovery obligations.
10 minute read

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