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Law.com

'Fourth Amendment-Free Zone'?: Ruling Upholding Public Safety Stop-Turned-Arrest Divides Appeals Panel

The Kansas Court of Appeals affirmed a lower court ruling that a sheriff's deputy did violate a man's Fourth Amendment rights by attempting a public safety stop that turned into an arrest, drawing a strong dissent that argued "the state failed to present objective, specific, and articulable facts" showing the stop had been lawful.
5 minute read

New York Law Journal

The Muddy Waters of Insider Trading Law Just Got Muddier

The procedural posture of 'Blaszczak' adds new cracks to the already unstable foundation of insider trading precedent.
11 minute read

Daily Report Online

113 Jurists Vying to Become Judge of Georgia Court of Appeals: See Who's on the List

From its list of 113 nominees, the Judicial Nominating Commission will compile a smaller group of candidates to interview for the intermediate appellate vacancy.
5 minute read

New York Law Journal

Major Reform in Street Encounters Enacted by Police Department

As a result of a class action lawsuit brought by the Legal Aid Society, the New York City Police Department has agreed to a major reform of its street encounter procedures.
7 minute read

New Jersey Law Journal

NJ Appellate Division Addresses Implicit Bias and Unlawful Discrimination in 3 First-Impression Issues

"We reiterate yet again the state acknowledges it cannot explain why the dispatcher included a racial description of the robber when none had been provided by the victim," Judge Ronald Susswein wrote. "Absent such an explanation, the state has no way to measure the level of constitutional misconduct."
6 minute read

Daily Report Online

Attorney Overcomes Hurdle of Missing 'Inculpatory' Evidence

"Sometimes phrases like 'bad faith' are thrown around as a pejorative for the effect," said prevailing Middle Judicial Circuit District Attorney John A. "Tripp" Fitzner III. "They actually mean something specific and should not be used that way."
6 minute read

Law.com

State High Court: Observation of 'Sleeping Juror' Not Enough to Preserve Objection for Appellate Review

"As to the issue that is implicated here, namely, whether a sleeping-juror issue is preserved when the parties advise the trial court that a juror is sleeping but request no action or remedy from the court, we conclude that Forgette did not preserve this issue and, on the facts before us, waived it, thus precluding appellate review," Justice Richard L. Gabriel wrote.
7 minute read

New York Law Journal

Decision of the Day: Circuit Rules That Rakoff Exceeded His Discretion by Insufficiently Accounting for Jurors' Gang Bias

This ruling was selected and summarized by the New York Law Journal's decisions editors.
2 minute read

New York Law Journal

Exoneree-Turned-Lawyer Jeffrey Deskovic Continues Fight for Client's Challenge to Attempted Murder Conviction

Jeffrey Deskovic Foundation for Justice has screened hundreds of actual innocence cases and has won the release 12 people who had done time for serious crimes they insist they didn't commit, which includes three full exonerations.
4 minute read

The American Lawyer

Crowell & Moring Pro Bono Team Asks Supreme Court to Uphold Ruling That Promised New Trial in 1989 Murder Case

After a federal district court judge ruled in favor of Crosley Green, the Eleventh Circuit ruled prosecutors could withhold exculpatory evidence they believe to be inadmissible, a violation of the Brady Rule, according to his pro bono litigators.
4 minute read

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