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Daily Report Online

'Jurors Broke the Rules': Request for New Trial Renewed After Jurors Searched Google

"The court determined that there was 'no reasonable probability' of harm, invoking the standard typically applicable to nonconstitutional errors, rather than applying the 'beyond a reasonable doubt' standard that applies to most constitutional errors, including errors arising from juror misconduct," read the Supreme Court of Georgia decision.
4 minute read

New York Law Journal

Albany Appeals Court Curbs 'Depraved Indifference' Theory, Reducing Fatal DUI Case to Manslaughter

The majority noted "the near absence" of evidence concerning Williams' mental state, a requirement for depraved indifference.
5 minute read

The Legal Intelligencer

Pa. Supreme Court Has Low Output So Far This Year, but Observers Say That's Not the Whole Story

According to a review of the court's output, with nearly the first half of the 2022 over, the high court has issued opinions in 10 cases. Contrast that with the first six months of 2021, when the justices had issued opinions in 44 cases, with only two of those being evenly divided.
4 minute read

Connecticut Law Tribune

2nd Circuit Joins Sister Courts in Ruling 'Vehicle Exception' to Warrantless Searches Applies to Private Airplanes

"The two distinct lines of reasoning that explain the exception, vehicle mobility and a reduced expectation of privacy, apply to privately owned and operated aircraft," the appeals court said.
5 minute read

The Legal Intelligencer

Romero Selects Veteran Prosecutors and Former Big Law Alums for US Attorney Leadership Team

The announcement came late Tuesday, hours after Judge Juan Sanchez, chief judge of the Eastern District of Pennsylvania, swore Romero into her new role. Romero, a longtime veteran of the office, is the first Hispanic woman and first member of the LGBTQ community to lead the office.
4 minute read

New York Law Journal

The Sixth Amendment and the Right to a Public Trial

The Second Circuit reversed the district court's grant of habeas corpus, finding that the trial judge's closing of the courtroom to the public for approximately 15 minutes, during a nine-week trial, did not violate defendant's right to a public trial as guaranteed by the Sixth Amendment.
7 minute read

Law.com

Eighth Circuit: State Officers Can Arrest for Federal Crimes If Probable Cause Exists

The U.S. Court of Appeals for the Eighth Circuit rejected the argument that an arrest by South Dakota law-enforcement officers was unreasonable because the officers lacked authority under state law to arrest the defendant for a federal crime.
5 minute read

New York Law Journal

Ex-Lawyer Convicted of Stealing Clients' Money Asks 2nd Circuit to Grant Relief, Faulting Jury Instruction

Defense counsel said a jury instruction was particularly harmful in light of a statement from the prosecution during trial that his client's actions "speak volumes."
3 minute read

Law.com

Appeals Court Orders New Murder Trial, Finding Judge Failed to Properly Instruct Jury

The North Carolina Court of Appeals has vacated a murder conviction and ordered a new trial due to what it said was a failure by the trial judge to instruct the jury on "defense of others."
4 minute read

Daily Business Review

11th Circuit: Violent Felon's Previous Cocaine Charges Are Not 'Serious Drug Offenses'

The U.S. Court of Appeals for the Eleventh Circuit has remanded the enhanced sentence of a five-time violent felon under the Armed Career Criminal Act of 1984.
4 minute read

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