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New York Law Journal

Ex-Brooklyn Supreme Court Justice Is Disbarred After Conviction for Obstructing Federal Probe

The decision to disbar ex-Justice Sylvia Ash came on the same day her conviction on conspiracy and other charges connected to a credit union CEO's embezzlement scheme was upheld by the Second Circuit.
3 minute read

Supreme Court Brief

Big Law Weighs In | 'Bad Boy' Sixth Circuit | SCOTUS & Election Results

We take a quick look at the law firms that have weighed in on some of the many amicus briefs in the election clause case coming up.
6 minute read

The Legal Intelligencer

Pa. House Judiciary Committee Sends Phila. DA Krasner Impeachment Resolution to Full House

The resolution included two articles of impeachment, with the first accusing Krasner's leadership of being a "direct and proximate cause" of rising crime in Philadelphia and the second relating to the office's refusal to cooperate with the Select Committee on Restoring Law and Order's investigation into Krasner.
4 minute read

Texas Lawyer

Judge Ho's Dissent: 5th Circuit Split on Case Challenging Its Own Legal Precedent

"If the only thing limiting federal power is our ability to document (or merely speculate about) the provenance of a particular item, the Founders' assurance of a limited national government is nothing more than a parchment promise," said Fifth Circuit Judge James Ho.
3 minute read

New Jersey Law Journal

3rd Circuit Rejects Per Se Rule That Would Punish Attorneys 'For Not Being Clairvoyant'

"That is not a skill we require of defense counsel generally, let alone court-appointed counsel, who, as here, have heeded the court's call to public service and devoted their time and effort to the representation of indigent defendants," Judge Cheryl Ann Krause said.
5 minute read

Law.com

State High Court Split on 'Post Hoc Assertions' of 'Waller' Factors When Excluding Disruptive Courtroom Spectator

"The trial court didn't even understand that 'Waller' applied in these circumstances, so for the [Colorado Supreme] Court, on its own initiative, to make its own findings to satisfy each of the 'Waller' factors, I think it's entirely contrary to existing United States Supreme Court precedent and also Colorado public-trial precedent, as well," said Gregory Lansky, a Colorado-based criminal defense attorney who represented one of the defendants.
7 minute read

Daily Report Online

Reversed on Appeal: Privileged Health Records Hurdle at Center of Legal Challenge

"This ruling sets a bar that criminal defendants must overcome if they want to attempt to obtain the privileged mental health records of the victim," said appellant attorney Ted Lavender of Lavender Hoffman in Atlanta.
7 minute read

New York Law Journal

'Ruan v. United States' Reinforces Importance of Mens Rea in Federal Criminal Law

In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack first analyze the majority and concurring opinions in 'Ruan'. Next, they draw a parallel with the law relating to a reliance on counsel defense. They conclude by suggesting how 'Ruan' might be applied in other contexts.
10 minute read

Supreme Court Brief

A Capital Advocate | The 'Longest' Day | Grizzly Bear Baiting?

After nearly five hours of arguments on affirmative action in higher education, arguments this morning in two cases will seem like a cake walk to those in the audience. We have a look.
6 minute read

New York Law Journal

Supreme Court Rejects 'Miranda' §1983 Claims

In 'Vega v. Tekoh', 142 S.Ct. 2095 (2022), the Supreme Court held that a §1983 claim for damages does not lie against a law enforcement officer who obtained a statement from a suspect in violation of 'Miranda', even if the statement was introduced against him in the criminal trial.
8 minute read

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