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New York Law Journal

Recent Appellate Decisions Show Court Cohesiveness

The Court's decisions rendered during Judge Cannataro's watch show a newfound cohesiveness among the judges that was lacking and is a much to be desired quality in a body tasked with pronouncing the law of the state of New York.
1 minute read

Supreme Court Brief

At the Lectern: December's Big Month | Judge-Shopping, Texas-Style | Ethics Fallout

The justices are back on the bench this morning, and three of the term's closely-watched cases will be heard in this argument session.
8 minute read

The Legal Intelligencer

Officer Had 'Reasonable Grounds' to Chemical Test Sleeping Driver Parked in Running Vehicle, Court Says

"Our precedent has often conflated the term 'operates' with the phrase 'is in actual physical control of the movement of a vehicle,' as used in Section 1547(a) of the Vehicle Code," Judge Michael H. Wojcik wrote for the majority. "This conflation has engendered confusion in license suspension implied consent cases concerning the issue presented herein, i.e., whether an arresting officer has reasonable grounds to believe that a licensee was in actual physical control of the movement of a vehicle, where the arresting officer testifies, and the facts indicate, that the licensee had not been driving. In an effort to eliminate this confusion, we hold that because Officer Gelnett had reasonable grounds to believe that Licensee was in actual physical control of his vehicle while intoxicated, despite the fact that Licensee was not driving, Officer Gelnett properly requested that Licensee undergo chemical testing."
5 minute read

The Legal Intelligencer

Evidence Obtained After Consent Was Withdrawn Mid-Search Was 'Unlawful,' Superior Court Holds

"Although the routine traffic stop was lawful—Trooper Golden possessed probable cause to stop based on the illegal window tint—once Lake withdrew his consent to search the vehicle, Trooper Golden was required to either (1) possess both probable cause that a crime was being committed and exigent circumstances; or (2) obtain a search warrant for the vehicle," Judge Anne E. Lazarus wrote.
3 minute read

New York Law Journal

Examining First Impression Issue, First Department Rules State Court System Cannot Refer Criminal Prosecution to AG's Office

The effect of the First Department's decision is that a seven-count indictment against the defendant, based in part on him allegedly forging deeds and using them as exhibits in real property actions as part of a fraud scheme targeting the elderly, has been dismissed.
6 minute read

Supreme Court Brief

Death Decisions | End of Line, Again | Leaks & Ethics

The justices have been dealing with a flurry of last-minute death penalty applications. We have details. And the Insular Cases appear to be here to stay.
6 minute read

The Legal Intelligencer

Commonwealth Court Clarifies Definition of 'Operation' for License Suspension in DUI Cases

"Our precedent has often conflated the term 'operates' with the phrase 'is in actual physical control of the movement of a vehicle,' as used in Section 1547(a) of the Vehicle Code," Commonwealth Court Judge Michael Wojcik said.
4 minute read

New Jersey Law Journal

What the Adnan Syed and Curtis Flowers Cases Highlight About Attorney Misconduct

We must continue to hold attorneys accountable and seek different solutions to prevent this type of injustice.
8 minute read

Daily Report Online

Ala. Calls Off Another Execution After Difficulty With IV Line

It is the second execution since September the state has canceled because of difficulties with establishing an IV line with a deadline looming.
5 minute read

New York Law Journal

In Case Where Queens Man Blinded Dog, Prosecutor Wasn't Obligated to Instruct Jury on 'Choice of Evils' Defense

The New York Court of Appeals on Thursday rejected a justification defense brought on by the Legal Aid Society on behalf of a man who struck a small…
2 minute read

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