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New York Law Journal

Why Prosecutors Might Fear Prosecuting Trump

Even with powerful evidence of guilt, prosecutors will face daunting challenges to persuade a jury of Trump's guilt, and then defend that conviction in appellate courtrooms.
7 minute read

New Jersey Law Journal

Former NJ Justice Barry Albin Joins Lowenstein Sandler

Albin spent two decades on the New Jersey Supreme Court before stepping down earlier this month on hitting the mandatory retirement age.
3 minute read

New York Law Journal

 Harmless Error: 'Never Mind!'

How do "noisy" defects in a trial get air-brushed as "harmless"?
7 minute read

Daily Report Online

Man Sues Clayton County Sheriff's Office for False Arrest

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read

Law.com

State Appellate Court: Defendant's Mental State Relevant to 'Knowingly Failing' to Register as Sex Offender

"Here, the defendant's proffered expert testimony about his mental state was relevant to whether the 'knowingly' element had been met," Associate Justice John Englander wrote. "As the evidence was relevant, and its exclusion was not harmless, we vacate the conviction."
4 minute read

Law.com

Massachusetts Court of Appeals Orders New Trial Nearly 50 Years After First Indictment

Nearly 50 years after the indictment was first returned in the Massachusetts Superior Court, the state's Court of Appeals has ordered a new trial for a defendant convicted in 1975 of second degree murder and armed assault.
4 minute read

New York Law Journal

Waiver of Corporate Privilege by an Individual Defendant

Can the court abrogate the employer's privilege over the objection of the employer, and if so under what circumstances? This article discusses two cases in which the U.S. District Court for the Southern District of New York and the U.S. Court of Appeals for the Sixth Circuit addressed this question, holding that the court could not abrogate the employer's privilege.
12 minute read

Law.com

Is a Qualified Expert Needed to Explain the Location-Tracking Function of a Cellphone? Appeals Court Says No

The Maryland Court of Appeals reinstated a man's murder conviction, finding a state's witness did not need to be qualified as an expert to testify that cellphone users can adjust a cellphone's ability to track and collect location data.
6 minute read

New York Law Journal

The Supreme Court's Malicious Prosecution Decision

In his Section 1983 Litigation column, Martin Schwartz discusses 'Thompson v. Clark,' where the Supreme Court held that the "favorable termination" element of a §1983 malicious prosecution claim requires the plaintiff to show only that the criminal prosecution did not terminate in conviction.
11 minute read

New York Law Journal

U.S. Sentencing Guidelines Have Not Kept Pace With the Use of Technology. It's Time To Change Them.

Anachronistic and vaguely defined provisions that have been updated to reflect today's business and technological landscape can lead to aberrant results.
8 minute read

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