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The Legal Intelligencer

More Than 150 Texts Between Judge and DA Won't Bar Retrial

Clinton County Judge J. Michael Williamson said he was "deeply disturbed" by the ex parte communications during trial but had no evidence they were prejudicial.
6 minute read

New York Law Journal

USA v. Pierce

By | January 09, 2017
Court Revokes Magistrate's Order Releasing Drugs, Firearms Defendants Pending Trial
2 minute read

National Law Journal

VOIR DIRE: POTUS in Print

By | January 09, 2017
President Obama's "mixtape," the kombucha comeback in Virginia, and an incompetent bank robber in this week's column.
4 minute read

New York Law Journal

The People v. Brooks

By | January 09, 2017
Failure to Conform to CPLR 2101(b), Dismisses Action on Statutory Speedy Trial Grounds
3 minute read

New York Law Journal

Matter of Christian M.

By | January 09, 2017
Court Consolidates Separate Felony Petitions, Orders One 'Huntley', Fact-Finding Hearing
3 minute read

The Recorder

People v. Starski

By | January 06, 2017
5 minute read

The Legal Intelligencer

Delaware v. Miller, PICS Case No. 16-1566 (C.P. New Castle Oct. 18, 2016) Danberg, J. (memorandum) (11 pages).

By | January 06, 2017
Driver arrested for DUI sought to suppress evidence based on arguments of insufficient grounds for both the traffic stop and his arrest. The court based its determination on written opinions. It ruled that the contemporaneous observation of the offense by a capable state trooper was sufficiently credible for the stop, and that sufficient other evidence supported probable cause for the arrest.
7 minute read

The Legal Intelligencer

Commonwealth v. Sunealitis, PICS Case No. 17-0008 (Pa. Super. Dec. 19, 2016) Bowes, J. (19 pages).

By | January 06, 2017
The trial court erred in relying on an unconstitutional mandatory minimum sentence statute in determining the weight of controlled substances possessed by defendant, but ultimately did not err in calculating defendant's gravity score. Judgment of sentence affirmed.
6 minute read

The Legal Intelligencer

Commonwealth v. Evans, PICS Case No. 17-0006 (Pa. Super. Dec. 20, 2016) Olson, J. (18 pages).

By | January 06, 2017
A DUI offender's consent to an alcohol blood test was involuntary where officers informed offender that he would be subject to enhanced criminal penalties for refusal to submit to blood testing, in violation of the prohibition of criminal penalties based solely on the refusal to submit to blood testing. Judgment of sentence vacated, case remanded.
6 minute read

The Legal Intelligencer

Commonwealth v. Ritz, PICS Case No. 17-0007 (Pa. Super. Dec. 21, 2016) Jenkins, J. (21 pages).

By | January 06, 2017
A defendant was entitled to enforce a lesser sex offender registration period under Megan's Law, following the enactment of SORNA, where the lesser registration term was mentioned on the record as a requirement under a guilty plea agreement. Order of the trial court affirmed.
7 minute read

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