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New York Law Journal

Clark v. Richardson

Plaintiff Fails to Comply With CPLR Article 13-A Forfeiture Procedure, Default Denied
2 minute read

New York Law Journal

The People v. Cuthbert

Instruments Defective as No Public Dimension Alleged for Disorderly Conduct Charge
2 minute read

New York Law Journal

The People v. Gardner

Tolling Provision Applies on Indictment Filed Timely for Felony Charges, Denied Dismissal
2 minute read

National Law Journal

Court Says Pregnancy Not Overriding Factor in Bail Determination

As New Jersey's new bail system continues to get a shakeout, a state appeals court ruled Friday that a defendant's pregnancy cannot be the overriding…
3 minute read

Daily Report Online

ACLU Sues Police Department Over DUI Marijuana Arrests

A Georgia police department and one of its officers has been sued for arresting three people based on a report by a "drug recognition expert" who accused each of driving under the influence of marijuana.
3 minute read

The Legal Intelligencer

Commonwealth v. Payne, PICS Case No. 17-1449 (Pa. Super. Sept. 7, 2017) Strassburger, J.; Moulton, J., dissenting (28 pages).

The trial court properly denied defendant relief under the Post Conviction Relief Act where the evidence was sufficient to support the specific intent element of his first-degree murder conviction and, thus, the newly-discovered DNA evidence establishing an absence of defendant's semen in the victim's body would not alter the outcome of a degree-of-fault hearing. The court affirmed defendant's judgment of sentence.
3 minute read

The Legal Intelligencer

Commonwealth v. Dominick, PICS Case No. 17-1380 (C.P. Lackawanna Sept. 6, 2017) New, J. (14 pages).

Defendant was not entitled to a new trial and the appointment of an expert to analyze a supplemental gunshot residue pattern and proximity test conducted by an independent forensic laboratory. The court denied defendant's post-trial motion for relief.
3 minute read

The Legal Intelligencer

Commonwealth v. Rozier, PICS Case No. 17-1393 (C.P. Lawrence Aug. 25, 2017) Cox, J. (22 pages).

A criminal defendant's motion to suppress evidence was granted where police officers performed a protective sweep of a residence without articulable facts regarding the officers' safety.
3 minute read

The Legal Intelligencer

Commonwealth v. Shelton, PICS Case No. 17-0908 (Pa. Super. Sept. 7, 2017) Dubow, J. (8 pages).

The trial court properly admitted into evidence a portion of the victim's recorded forensic interview under Pa.R.Evid. 803.1(3) where the victim testified that her recollection of the incidents of abuse was much better at the time of the interview. The appellate court affirmed defendant's judgment of sentence.
3 minute read

The Legal Intelligencer

Commonwealth v. Maldonodo, PICS Case No. 17-1448 (Pa. Super. Sept. 12, 2017) Bowes, J. (30 pages).

The trial court erred in precluding the commonwealth from offering as evidence two jail call recordings in which defendant allegedly made inculpatory statements as a sanction for failing to fulfill an earlier promise to provide transcriptions of all his recorded phone calls where the scope of the earlier promise was unclear and the bulk of the other recordings immaterial. The court reversed and remanded.
3 minute read

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