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New Jersey Law Journal

Heed High Court's Newest Balancing Test

We hope and trust that the balancing test adopted in 'State v. Ramirez' protects the rights and privacy of sexual assault victims without interference with the fair trial rights of a defendant charged with sexual assault.
5 minute read

New York Law Journal

Second Circuit Tackles Police Canine Force

In 'McKinney v. City of Middleton', the U.S. Court of Appeals for the Second Circuit held, 2-1, that qualified immunity protected police officers who directed a police canine to "bite and hold" the arrestee for over two minutes. The court found that under the circumstances the police canine force did not violate clearly established Fourth Amendment law.
10 minute read

Texas Lawyer

Do Convicted Felons Facing New Indictments Retain Their Constitutional Right to Receive a Gun?

Two cases that went before the the U.S. District Court for the Western District of Texas examine the Second Amendment right to bear arms for convicted felons.
7 minute read

New York Law Journal

From 'Booker' to 'Brooker': A Return to Judicial Discretion in Sentencing

The trend away from judicial discretion was short-lived.
22 minute read

National Law Journal

Circuit Splits to Watch in 2023

Laws regulating social media sites and anti-SLAPP statutes are among the issues to keep on eye next year.
8 minute read

The Legal Intelligencer

Court: Commonwealth Not Required to Prove 'Exigent Circumstances' for Warrantless Seizure Under Plain View Doctrine

"Thus, to the extent that Davis claims Alexander requires the Commonwealth to prove exigent circumstances where the officers have lawfully seized an object under the plain view doctrine, he is mistaken," Judge Anne E. Lazarus said.
5 minute read

New Jersey Law Journal

Another Look at Juvenile Waiver Proceedings

We believe that the statute should be read to provide that if a motion to suppress in the Law Division is granted (which would usually terminate the prosecution), in the absence of termination of the prosecution, the court should presumptively return the matter to the Family Part if there is sufficient remaining evidence to warrant the prosecution.
4 minute read

Daily Report Online

Reversed on Appeal: Arrested Doctor Evades Improperly Tolled Wrongful Death Claims

"The opinion of the Court of Appeals is a sweeping re-interpretation of O.C.G.A. § 9-3-99, a statute that is often the only means by which crime victims are able to obtain relief," said appellee attorney George L. Phillips Jr. of Dozier Law in Macon.
7 minute read

National Law Journal

Michael Avenatti Asks Appeals Court for Retrial Over Judge's Instructions to Holdout Juror

Michael Avenatti was sentenced earlier this year to four years in prison after a jury found him guilty of stealing nearly $300,000 from his former client Stormy Daniels' book advance.
3 minute read

Connecticut Law Tribune

Connecticut Justice Says Majority's Decision Will Make It 'Impossible' to Prosecute Child Molesters

"The majority's approach, in contrast, will do as much to penalize as to protect criminal defendants and will make it virtually impossible to prosecute many child molestation cases, among other heinous crimes, contrary to the clearly stated intent of the legislature to protect young children," Connecticut Supreme Court Justice Raheem L. Mullins wrote.
4 minute read

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