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National Law Journal

'We Expect Better': Appeals Court Rebukes Prosecutor for 'Unlawful' Closing Arguments in Benghazi Trial

The panel found comments made by an assistant U.S. attorney would have prejudiced the jury had there not been a mountain of evidence and careful preparation by the district judge.
3 minute read

National Law Journal

A 60-Year-Old Case Hamstrung Steve Bannon's Defense, But a Judge Isn't Sure Its Conclusions Hold Up

Bannon's lawyers are likely to use the judge's statements on appeal to push for a more strict standard of "willfulness" in contempt of Congress cases.
6 minute read

Daily Report Online

Atlanta Prosecutors Plan to Retry McIver, Who Shot Wife in SUV

The Fulton County District Attorney's office said in a court filing Friday that it plans to retry McIver on charges of felony murder, aggravated assault with a deadly weapon and possession of a firearm during the commission of a felony.
5 minute read

Daily Report Online

Appellate Court Sides With State: Lower Court's Speedy Trial Analysis Was 'Incomplete'

"[A]s noted by the State, the state court similarly failed to address whether either of those delays should be weighed against either party. And as also noted by the State, the state court neither identified the weight to be assigned to those delays nor made any factual findings in support thereof. Absent the required findings on these issues, we must vacate the state court's order and remand the case for the state court to complete the necessary analysis," Appellate Judge Herbert E. Phipps wrote in the opinion.
6 minute read

New York Law Journal

Practical Tidbits on the Rebuttal Appellate Argument

The rebuttal argument is a highly useful opportunity to address the concerns of the panel as well as rebut the arguments of your adversary.
6 minute read

Law.com

'It's a Sad State For Criminal Trials': Criminal Defendant Who Agreed to Proffer Agreement and Polygraph Test Didn't Receive Ineffective Assistance of Counsel, Says State Appeals Court

"It's a sad state we're in for criminal trials when the only thing a prosecution needs to convict you is your own words," defense counsel said. "I think it'll have a chilling effect on other defendants."
4 minute read

Daily Business Review

Former Port Richey Mayor's Obstruction of Justice Conviction Overturned

Following a jailhouse call from Massad, Rowe requested a personnel file of Donald Howard, a police officer who assisted in the investigation into Massad and aided in his arrest.
3 minute read

The Legal Intelligencer

Punting on Constitutional Questions About Use-of-Force Law, Justices Leave Officer-Involved Shooting Defenses Intact

In Pownall, Dougherty saved his "unconstrained" criticism of the office for a separate 19-page concurring opinion, in which he accused prosecutors of manipulating the grand jury process by withholding definitions, unfairly pushing to bypass the preliminary hearing phase and creating delays with excessive appeals.
5 minute read

Connecticut Law Tribune

Defendant's Statements to Police in the Hospital Should Have Been Suppressed, Court Rules

"We conclude that the police officers' questioning of the defendant constituted interrogation for the purposes of 'Miranda' because the police officers should have known that their questions reasonably were likely to elicit incriminating statements from the defendant," Judge Eliot D. Prescott wrote on behalf of the appellate court.
5 minute read

New Jersey Law Journal

3rd Circ. Upholds Convictions in Organized Crime Takeover and Looting of Publicly Traded Mortgage Company

In a precedential 169-page opinion, the U.S. Court of Appeals for the Third Circuit has upheld the convictions and sentences for two members of the Lucchese organized crime family and two Texas brothers on charges of racketeering and conspiracy.
4 minute read

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