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National Law Journal

When in Doubt: What's a Dubitante Opinion, and Why Do Judges Write Them?

The name comes from the Latin word meaning "doubtful" and is typically used to express reservations with a majority decision's rationale without declaring it wrong.
6 minute read

New York Law Journal

A Motion to Dismiss, a Reduced Sentence Request, and a Motion to Remand

This column reports on several recent significant decisions from the U.S. District Court for the Eastern District of New York.
8 minute read

The Recorder

Appellate Court Finds Inattentive Juror's Removal Reasonable, Not Sign of Bias

"No matter what a person's background, race, or economic standing, if the juror does not pay attention, the juror does not belong on any jury," wrote Presiding Justice Arthur Gilbert of the Second District Court of Appeal, Division Six.
4 minute read

National Law Journal

Judges Support Proposed Rule Requiring Court's Approval to File Amicus Briefs

Judge Sidney Thomas of the U.S. Court of Appeals for the Ninth Circuit said allowing an amicus brief to be filed based only on consent of the parties leads to recusal problems if the brief presents an ethical conflict for a judge.
3 minute read

National Law Journal

Supreme Court Casts Skeptical Eye Over Death Penalty Appeal

"Do you really think it would make that much of a difference to the jury?" asked Chief Justice John Roberts Jr. of the new evidence unearthed by the defense.
7 minute read

Corporate Counsel

Appellate Judges Grill Lawyer for Ex-Uber Security Chief Who Wants Conviction Tossed

"This case is an unprecedented attempt to hold an individual criminally liable for the way a company handled and reported a cybersecurity incident," Orrick, Herrington & Sutcliffe partner Chris Cariello said in court Tuesday.
8 minute read

New York Law Journal

Albany Judge Orders New Trial for Manslaughter Case Where Defense Counsel Met Secretly With Law Clerk

Albany Supreme Court Justice Roger McDonough ruled that defendant Gregory Thayer, who is serving a 25-year prison sentence for killing his best friend, would receive a new trial based on ineffective assistance of counsel
4 minute read

New York Law Journal

Determining 'Molineux' Issues in Civil and Criminal Actions: A Suggested Approach

This column will set forth a suggested specific approach to determine the admissibility of uncharged crimes or bad acts of a party in either a civil or criminal action.
12 minute read

The Legal Intelligencer

Transforming Probation With Rehabilitation and Second Chances

Act 44, alongside the Clean Slate Law, works to provide second chances for individuals involved in the criminal justice system, ultimately helping them reintegrate into society and reducing recidivism.
8 minute read

National Law Journal

What's on the Agenda for the Supreme Court's 'Long Conference'?

The justices typically agree to hear more cases from this conference than any other during the term. Last term, the court granted certiorari, or review, in 12 cases during the week of its long conference.
12 minute read

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