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Massachusetts SJC Adopts Standard for Snoozing Trial Counsel's Effectiveness

"Counsel's constructive absence during either a significant portion of trial or an important aspect of trial so offends the constitutional protections surrounding the right to assistance of counsel that it renders the entire adversary process 'presumptively unreliable' and creates an uncurable error," Chief Justice Kimberly S. Budd wrote.
5 minute read

The Recorder

'Lockstep': California's Supreme Court Displayed Record-Setting Unanimity in 2023, Report Says

In its annual review of the high court, the California Constitution Center found the seven justices in sync in their legal views.
4 minute read

National Law Journal

4th Circuit Judge James Wynn to Take Senior Status

Vacancy enables Biden to make a fourth pick for the Richmond, Virginia-based appeals court.
2 minute read

National Law Journal

Immunity for Trump Would Result in 'Frightening Future,' Prosecutor Tells DC Circuit

The appellate court appears skeptical of the former president's immunity claim.
4 minute read

New Jersey Law Journal

New Jersey Supreme Court Extends 'Henderson' Ruling to Pretrial Prep

"To the extent the practice exists, it should not be continued," Chief Justice Stuart Rabner wrote. "For reasons discussed earlier, the act of showing and then reshowing a photo can affect and distort a person's memory."
6 minute read

National Law Journal

Judge Seems Wary of Retrial for Michael Avenatti Over Holdout Juror Instruction

Avenatti's attorney argued that U.S. District Judge Jesse Furman's instruction had singled out and coerced the holdout, warranting a new trial.
3 minute read

New York Law Journal

Defense of Intending to Surrender an Illegally Possessed Handgun

In a split decision, the Court of Appeals in 'People v. Debellis' held that defense counsel did not provide meaningful representation because counsel failed to request a jury instruction on the "defense of voluntary surrender" of a firearm pursuant to Penal Law §265.20(a)(1)(f).
5 minute read

New York Law Journal

SCOTUS to Decide If the Feds Have to Follow the Forfeiture Rules

The U.S. Supreme Court granted certiorari in 'McIntosh v. United States' to determine whether a district court may enter a preliminary order of forfeiture divesting a defendant of his or her property outside the time limits set forth in the Federal Rules of Criminal Procedure. The court's decision in 'McIntosh' may clarify whether the government can be strictly held to the kinds of deadlines that bedevil every other litigant.
8 minute read

National Law Journal

Five Legal Issues to Watch in the Federal Appeals Courts in 2024

Anti-terrorism efforts, venue, drug pricing, defamation and air pollution appear to be heading to the Supreme Court.
7 minute read

New Jersey Law Journal

Expert's 'Rule of Thumb' Not Scientifically Reliable, According to Supreme Court

Does an expert's "rule of thumb" assessment meet scientific standards, or should it be inadmissible? Former Monmouth County Superior Court Judge Louis Locascio weighs in on the recent New Jersey Supreme Court ruling.
7 minute read

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