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Daily Report Online

'A Single Reply Brief': Georgia Court of Appeals Announces New Filing Rule

"Appellants are entitled to file only a single reply brief," Georgia Court of Appeals administrators tweeted. "Parties may file a motion for additional words or for an extension of time to file a brief."
2 minute read

Law.com

'We Are Not Perfect': Prosecutors Acknowledge Unconscious Bias After 'Racially Coded Language' at Trial Leads to Vacated Convictions

"I would never want to secure a conviction with even a remote possibility of racial bias against a defendant," Chief Deputy Prosecutor Dan LeBeau said in a statement provided to Law.com. "There was no intentional actions on my part yet I understand the court's ruling."
7 minute read

New York Law Journal

Constraints on Insider Trading Liability

Taken together, the Supreme Court's decision in 'Kelly' and the Second Circuit's decision in 'Blaszcazk II' make it clear that the government is constrained when prosecuting insider trading cases where individuals have misappropriated government information that, although confidential, has no direct economic value to the government.
7 minute read

New Jersey Law Journal

Judgment Reversed: Sentencing Court, Not Motor Vehicle Commission, Has Jurisdiction Over DUI Sentencing Credit

"The nature of this defendant's request concerning her sentence inherently calls for a judicial determination," Judge Jack M. Sabatino wrote for the court. "Fundamentally, defendant is seeking a declaratory ruling that the years she lacked access to a vehicle, and was thus unable to install an IID, justify up to an equivalent period of relief from her sentence. Courts are well equipped to render declaratory rulings that involve such matters of status under the law."
5 minute read

New York Law Journal

Michael Avenatti Asks 2nd Circuit to Toss Extortion, Fraud Conviction in Nike Shakedown Case

During oral arguments Thursday, Avenatti's attorney Daniel Habib of the Federal Defenders of New York argued that California's rules of professional conduct permit lawyers to seek their own fees along with damages for their clients in settlement negotiations.
3 minute read

National Law Journal

SCOTUS Debates Future of Money-Laundering Charges Against Halkbank

Williams & Connolly attorney Lisa Blatt, who represented the Turkish state-owned bank, said "50 states, all counties and any city that has prosecution authority would all of a sudden have jurisdiction to prosecute any country and the executive branch couldn't do anything about it."
6 minute read

The Legal Intelligencer

Commonwealth Court Split Over Questions of Whether Krasner Impeachment Supports 'Misbehavior in Office' Claims, New Filings Reveal

"The House simply appears not to approve of the way District Attorney has chosen to run his office," Judge Ellen Ceisler said.
5 minute read

National Law Journal

Judges Raise Sixth Amendment Questions in Appeal of Attorney's Drug-Related Conspiracy Conviction

The Richmond-based appeals panel made both parties struggle with questions about jury instructions and how denying them could have swayed the case's outcome. 
5 minute read

National Law Journal

Judges Weigh Juror Misconduct Claims in Boston Marathon Bomber's Latest Death Penalty Appeal

Boston bomber Dzhokhar Tsarnaev's lastest challenge to his death sentence centers on social media posts that two jurors failed to disclose to the trial court. First Circuit Judge William Kayatta questioned whether scrutinizing jurors' social media posts and messages would be "opening the floodgates."
5 minute read

Supreme Court Brief

Who Won Monday's SCOTUS Arguments Over Attorney-Client Privilege?

The justices were back on the bench Monday tackling hefty attorney-client privilege questions, and we asked a couple legal experts for their thoughts on how the arguments went.
6 minute read

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