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New York Law Journal

Circuit Faults Judge for Denying Defendant a Chance to Answer New Evidence

A former firefighter convicted of growing marijuana in a Queens basement should have been allowed to respond to new evidence introduced in the prosecution's rebuttal with new evidence of his own, a divided federal appeals panel has ruled, vacating the conviction and ordering a new trial.
5 minute read

New York Law Journal

Weight of Evidence and Extreme Emotional Disturbance

In his Criminal Law and Procedure column, Barry Kamins, administrative judge, Criminal Court of the City of New York, reviews a recent appellate decision that found, for only the second time since the Court of Appeals ushered in the "modern era" of weight-of-the-evidence review in 'Bleakley,' that it was against the weight of evidence for a jury to reject the affirmative defense of extreme emotional disturbance.
12 minute read

National Law Journal

Lawyers Fight Over Counsel Access at Guantanamo Bay

Lawyers for detainees held at Guan­tánamo Bay, Cuba, say a new search policy adopted earlier this year put their clients in an impossible situation: submit to religiously and culturally offensive groin-area frisks, or forgo meeting with attorneys.
4 minute read

Texas Lawyer

Judge Berates Jury for DWI Verdict, Brings Up O.J. Simpson Trial

A visiting senior district judge is getting attention after he dressed down a Tarrant County jury for acquitting a DWI criminal defendant, calling jurors' decision "one of the most bizarre verdicts that I've ever seen," according to a trial transcript.
5 minute read

National Law Journal

For Feds, Boston Cases Pose Death Penalty Question

Federal prosecutors in Massachusetts, where the death penalty was abolished nearly 30 years ago, face the rare prospect of two simultaneous capital cases for unrelated killings that happened more than a decade apart.
5 minute read

National Law Journal

Lawyers, Not Another Commission, for the Poor

The shortage of indigent representation is widely recognized. Now it's time to solve the problem.
5 minute read

Law.com

Broward Lawyer Guilty Of Bilking Seminole Tribe

Broward County attorney Frank Excel Marley III bilked the Seminole Indian tribe out of $1.3 million in travel, phone calls and meetings that never occurred. He will be sentenced Feb. 21.
1 minute read

New York Law Journal

Court Narrows Two 'Occupy' Protesters' Claims Against City

Southern District Judge Denise Cote dismissed the protesters' false arrest claims but concluded there are enough questions about whether they were subject to unnecessary force for that allegation to go forward.
4 minute read

New Jersey Law Journal

Winners and Losers

By | November 27, 2013
The title says it all.
1 minute read

New Jersey Law Journal

RICO Suit Alleges Law Firm Conspired With Bank To Strip Client of Property

A former client of Genova Burns Giantomasi Webster claims the Newark firm conspired with a bank to strip him of equity in four commercial properties worth more than $10 million.
5 minute read

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