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National Law Journal

1st Circuit's 'Varsity Blues' Ruling Reins in Prosecutors' Broad View of Fraud Statutes

Appeals court rejects government's claims of honest services and property fraud.
6 minute read

Law.com

His Case Helped Strengthen Jury Diversity Protections in Washington. Years Later, Those Protections Helped Him Win a New Trial

"Recalling the mandate in the unique circumstances of Rhone's case accomplishes this mission; we must allow him to benefit from the rule he proposed that ultimately became the law in this state," the court said.
3 minute read

Law.com

'Completely Farfetched, Tinfoil-Hat-Wearing Doubt': Court Says Prosecutor's Remarks Don't Warrant New Trial

"The judge instructed the jury that closing arguments are not evidence, and that it was their duty to determine the facts and to apply the facts to the law as explained by the judge. The judge also properly instructed on the meaning of reasonable doubt. In light of these instructions, and the strength of the Commonwealth's case, we are confident that the ill-advised comment would have had no effect on the jury's verdict," Justice Frank M. Gaziano wrote on behalf of the unanimous Massachusetts Supreme Judicial Court
5 minute read

Law.com

State High Court Dismisses Man's Interference Conviction, Determining Officers Unjustifiably Entered His Home

"Mr. Woods did not surrender his reasonable expectation of privacy when his wife answered a knock on the closed door of their home. Further, during the entire encounter, Mr. Woods stood behind his wife inside the home. As such, Mr. Woods was not in a 'public place' when the officers initiated the arrest," the court said. "The officers' entry into Mr. Woods' home without a warrant also was not justified given the absence of any exigent circumstances, such as the need to prevent the imminent destruction of evidence or to prevent a suspect's escape."
4 minute read

Law.com

Appellate Court Divided Over Requirement to 'Remain at the Scene of the Overdose' to Qualify for Medical Amnesty

"To arrive at this counter-intuitive construction, the majority exploits a grammatical awkwardness and arrives at counter-intuitive results because the location of the overdose is wherever someone has a good faith belief that they have a life-threatening condition relating to the ingestion of drugs," Judge Vernida R. Chaney wrote in a dissenting opinion.
6 minute read

The Legal Intelligencer

Carluccio Campaign's Fundraising Efforts in Pa. Supreme Court Race Make Gains on McCaffery

Fundraising totals so far for 2023 appear down slightly from the amounts frontrunners had brought in during the last state Supreme Court race in 2021.
4 minute read

Law.com

Race-Related Jury Questioning Leads to Reversal of Conviction for Assaulting an Officer

"The totality of the circumstances shows that the State chose to remove every juror who exhibited an awareness of racial justice issues when a Black defendant was on trial," the appeals court said.
5 minute read

New York Law Journal

SCOTUS Tosses Convictions Against Ex-Cuomo Aide, Lobbyist and Real Estate Developer

The decision in Percoco's case, written by Justice Samuel Alito, was in line with a recent surge of decisions that limit the government's ability to prosecute defendants under particular corruption laws. A companion opinion was written by Justice Clarence Thomas.
3 minute read

The Legal Intelligencer

ABA Report on Plea Bargains Reveals Need for Reform

The American Bar Association (ABA) released its 2023 Plea Bargain Task Force Report. Three years in the making, the report revealed that in 2018, only 2% of federal criminal cases ended in a jury trial.
6 minute read

Daily Business Review

Judges Are Fed Up: Courts Won't Tolerate This Tactic by South Florida Lawyers

The panel also warned of consequences.
5 minute read

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