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Daily Report Online

Georgia Court of Appeals Shoots Down Ineffective Counsel Claims Stemming From Aggravated Assault Case

The Georgia Court of Appeals has upheld a conviction for aggravated assault, despite the defendant's claims that his trial attorney neglected to request a proper jury charge or move for a mistrial based on the prosecutor's closing statement.
4 minute read

New York Law Journal

New Trial for Defendant Deprived of Right To Present a Defense

In a unanimous opinion written by Judge Madeline Singas, the court held that the trial court deprived the defendant of his constitutional right to present a defense by precluding certain evidence offered by the defendant in support of his justification defense.
8 minute read

National Law Journal

Ex-Law Student's Conviction Upheld in Georgetown Cyberstalking Case

A 2013 amendment to a federal cyberstalking law was at the heart of the appeal.
4 minute read

Law.com

State Supreme Court: Race, Ethnicity Relevant to Determining Whether Law Enforcement Has 'Seized' Someone

"Our precedent has always required that the seizure inquiry be made in light of the totality of the circumstances, and we have never stated that race and ethnicity cannot be relevant circumstances," Justice Mary Yu wrote for the court en banc. "However, we have not explicitly held that in interactions with law enforcement, race and ethnicity matter. We do so today."
4 minute read

New Jersey Law Journal

Bright Line Rule Needed on Confessions

Duplicity by law enforcement defeats voluntariness. We urge the court to strengthen the protections provided to suspects under O.D.A.-C. at its next opportunity.
5 minute read

New York Law Journal

Exoneree Martin Tankleff Joins the Firm That Helped Free Him from Prison

"Now, 14 years after his release, he is coming back to the firm that helped him find justice, to work for others who are suffering as he once did," said Barket Epstein Kearon Aldea & LoTurco founding member Bruce Barket in a news release.
3 minute read

Texas Lawyer

Access to Records Can Impact Your Case

Depending on the circumstances, the right to confidentiality can bend when protection of children or the elderly are a key component of a case.
4 minute read

The Legal Intelligencer

Pa. Supreme Court Agrees to Hear Case Over 'False Memory' Expert

At the center of McGinnis' appeal was the inclusion of testimony from his expert witness of false memories in children, who planned to only testify about the subject generally and not about the victim's experience specifically, court records show.
3 minute read

Law.com

1st Circ. Says Lower Courts Erred in Denying Habeas Writ, Finding Prosecutor's 'Race-Neutral' Reasoning Violated 'Batson'

The U.S. Court of Appeals for the First Circuit concluded both the Rhode Island Supreme Court and a federal court judge erred in finding a prosecutor's reasoning for striking the only prospective African American juror was "race-neutral."
7 minute read

New York Law Journal

Felony Sex Crimes Verdict Against Harvey Weinstein Is Upheld By First Department Appellate Court

The court wrote that "evidence was designed to show that [Weinstein] did not see the women as romantic partners or friends, and that his interest in them and their talents was feigned."
6 minute read

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