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National Law Journal

Divided DC Circuit Revives Obstruction Charge in Jan. 6 Riot Cases

Judge Florence Pan knocked her dissenting colleague Judge Gregory Katsas, saying he didn't point to any authority "other than Goldilocks" in his interpretation of the obstruction statute.
5 minute read

The Legal Intelligencer

As the Clock Ticks on Acquitted Conduct Sentencing, Is Relevant Conduct Sentencing Next?

How can a judge punish a defendant for a crime as if the jury never acquitted them? It is a question that has weighed on the minds of defense lawyers and commentators for years, and it is one that the U.S. Sentencing Commission is seeking to put to rest once and for all.
6 minute read

New York Law Journal

Race and the Fourth Amendment: Defendants Raise Issue in Suppression Motions

This article will examine how courts are considering race as a factor in a Fourth Amendment analysis, and how defendants are beginning to raise this issue in suppression motions.
9 minute read

New Jersey Law Journal

Finding Judge Disregarded Its Instructions, Federal Appeals Court Reassigns Picatinny Abuse Case

At sentencing, Senior U.S. District Judge Katharine Hayden "demonstrated a hesitance to follow our instruction to view the children's injuries holistically and in the context of the jury's findings of guilt," Third Circuit Judge Felipe Restrepo wrote.
6 minute read

Law.com

North Dakota High Court Calls for New Trial After Lower Court Improperly Merged DUI-Related Offenses

"The jury instructions impermissibly allowed the jury to convict [defendant] without unanimously agreeing as to the singular criminal act [defendant] committed. We reverse the judgment and remand for a new trial," Chief Justice Jon J. Jensen wrote for the court.
4 minute read

Law.com

State High Court: Prosecutor Can't Offer New Justifications for Juror Strike on Remand

"It's unclear what else the prosecutor could have done to explain what 'completely nonresponsive' meant, short of repeating herself verbatim," Chief Justice Brian D. Boatright wrote in the lone dissent, adding, "In these circumstances, the line between 'completely nonresponsive' and 'unengaged' is not immediately apparent."
7 minute read

New York Law Journal

Court Denies Immunity for Former DA From Claims in Wrongful Prosecution Suit by Man Cleared of Killing Wife

In a case that attracted national media attention, Tioga County businessman Calvin Harris was accused of killing his wife Michele Harris in the hours after the Sept. 11, 2001, terrorist attacks. Neither Michele Harris' body nor a murder weapon were ever found and the fourth trial for murder charges against Calvin Harris, in 2016, ended in acquittal.
4 minute read

National Law Journal

SCOTUS Nixed Consent Requirement for Amicus Briefs. Will Appeals Courts Follow?

The idea was brought up at the Advisory Committee on Appellate Rules' latest meeting this week, and appears to be welcomed by appellate practitioners.
4 minute read

Law.com

Defendant's 'Repeated Confessions,' Corroborative Evidence Leads Appellate Court to Reinstate Jury OVI Verdict

"The defendant told the officer that 'he was coming on the on-ramp and, then, he hit the snow and, then, lost traction and went into the woods,'" Associate Justice Joseph M. Ditkoff wrote on behalf of the unanimous panel, with Associate Justices Sabita Singh and Marguerite T. Grant concurring. "The defendant further explained that he had driven from Belmont, where he was a barber, and had stopped for dinner and drinks. At booking, the defendant said, 'I think I have a concussion, I might need to see someone'."
4 minute read

New York Law Journal

Do Swing Votes on NY's Highest Court Raise Hopes for Consensus Decisions?

In two cases the acting chief judge and the latest addition to the court voted with the majority, once for a criminal defendant and once for the prosecution.
4 minute read

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