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New Jersey Law Journal

The Tiger Tapes

More people arrested for DWI should receive the kind of support that Tiger Woods is getting.
5 minute read

New York Law Journal

Hurdles and Consequences to Asserting the Fifth Amendment in Civil Litigation

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul write: Although a party or witness in civil litigation may invoke the Fifth Amendment, such invocation often comes at a high price, because, in contrast to the criminal context, the finder of fact in a civil case may draw an adverse inference against the party or witness who declines to provide evidence based on the Fifth Amendment privilege against self-incrimination. Recent decisions from the Southern District address when and how the Fifth Amendment can be invoked in civil litigation, and the ramifications to litigants when parties and non-party witnesses avail themselves of that privilege.
20 minute read

National Law Journal

In First-of-Its-Kind Ruling, SCOTUS Strikes Down Law Barring Social Media Use by Sex Offenders

In a unanimous decision written by Justice Anthony Kennedy, the court made numerous references to the importance of social media as a source of news and a forum for the exchange of views.
4 minute read

The Legal Intelligencer

Rule 404(b) and the Pa. Supreme Court's Discontent

No area of law may be more ­vexing, and more subject to dispute, than the admission or exclusion of "other acts" evidence—often mis-labeled "prior bad acts" evidence—in criminal cases. Evidence of an "act" that only ­conveys the actor's character is inadmissible; but ­evidence with a non-character purpose may be admissible, subject to a balancing test.
6 minute read

New York Law Journal

The People v. Brown

Passenger Granted Suppression of Evidence Recovered After Vehicle's Stop, Seizure
3 minute read

The Legal Intelligencer

Cosby Case Ends in Mistrial, DA Plans Retrial This Year

Capping more than five days of jury deliberations and years of debate in the court of public opinion, Bill Cosby's criminal trial ended in mistrial on Saturday, after a Pennsylvania jury failed reach a verdict on charges that he sexually assaulted Andrea Constand. 
6 minute read

New York Law Journal

The People v. Jimenez

Obstruction, Resisting Arrest Charges Facially Sufficient; Disorderly Conduct Charge Dismissed
3 minute read

New York Law Journal

The People v. Bello

Appeal Held in Abeyance to Afford Defendant Chance to Move to Vacate Guilty Plea to Charge
3 minute read

The Legal Intelligencer

Commonwealth v. Gause, PICS Case No. 17-0881 (Pa. Super. May 24, 2017) Lazarus, J. (18 pages).

Trial court erred in allowing police officer to testify to conclusion that driver was impaired by marijuana because he had eyelid tremors because acts and circumstances of the case clearly fell into the category that required expert testimony to show marijuana use and the commonwealth provided no evidence that driver had recently ingested marijuana. Judgment vacated.
3 minute read

The Legal Intelligencer

Commonwealth v. Hutchison, PICS Case No. 17-0883 (Pa. Super. May 22, 2017) Olson, J. (15 pages).

Trial court did not err in overruling appellant's objection to the prosecution's opening statement, in appellant's trial for abuse of a corpse, because the statement did not invite the jury to step into the shoes of the deceased's family, the trial court properly admitted color photographs of the body since they were relevant, not inflammatory and critical and appellant waived his discretionary aspects of sentencing claim. Affirmed.
3 minute read

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