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Daily Report Online

Guild Lawyer Arrested Observing 'Fight for $15' Protest

The National Lawyers Guild is calling on the Atlanta Police Department to dismiss the charge of obstructing traffic after an attorney was arrested while acting as a neutral observer.
5 minute read

New York Law Journal

Request Denied for Special Prosecutor in Christie Case

By | December 02, 2016
A judge found a former firefighter lacked standing to request a special prosecutor be appointed in a criminal misconduct complaint against Gov. Chris Christie in the George Washington Bridge lane-closing scandal.
3 minute read

New York Law Journal

Trial Opens in 'Savage' Death of Inmate Held at Rikers

By | December 02, 2016
A guard at Rikers Island kicked an ailing inmate to death four years ago before persuading fellow guards to lie about what happened, a prosecutor told a jury Friday.
4 minute read

Corporate Counsel

Feds Announce Effort to Target 'Avalanche' Global Cybercrime Ring

By | December 02, 2016
Avalanche's server hosts "more than two dozen of the world's most pernicious types of malware and several money laundering campaigns."
18 minute read

New York Law Journal

Reviewing Credibility of Police Officer Testimony

In his Criminal Law and Procedure column, Barry Kamins explores suppression where the People have not sustained their initial evidentiary burden. While in the overwhelming number of suppression hearings, prosecutors are able to satisfy their burden of going forward with testimony that is found to be credible by the suppression court, in two recent cases suppression courts did not credit the testimony of police officers who testified that they were able to smell the odor of marijuana emanating from a vehicle that they had stopped.
17 minute read

The Legal Intelligencer

Commonwealth v. Hannibal, PICS Case No. 16-1435 (Pa. Nov. 22, 2016) Dougherty, J.; Saylor, J. (dissenting) (67 pages).

By | December 02, 2016
The PCRA court properly denied appellant's petition raising claims based on ineffective assistance of counsel. Order of the PCRA court affirmed.
6 minute read

The Legal Intelligencer

Commonwealth v. Hicks, PICS Case No. 16-1446 (Pa. Super. Nov. 18, 2016) Shogan, J. (24 pages).

By | December 02, 2016
Appellant was properly convicted of first-degree murder, aggravated assault and other charges because evidence of a second shooting four months later was relevant to allow the jury to weigh the evidence of a witness who at first refused to cooperate with the police. Sentence vacated and case remanded.
6 minute read

The Legal Intelligencer

Commonwealth v. Rosado, PICS Case No. 16-1440 (Pa. Nov. 22, 2016) Todd, J. (19 pages).

By | December 02, 2016
Appellate counsel's decision to abandon all preserved appellate issues to argue an unpreserved issue in the brief constituted per se ineffectiveness because filing a brief advancing an unpreserved issue was functionally equivalent to filing no brief at all. Judgment of sentence vacated, case remanded.
5 minute read

The Legal Intelligencer

Commonwealth v. Ali, PICS Case No. 16-1448 (Pa. Nov. 22, 2016) Dougherty, J.; Baer, J. (dissenting) (26 pages).

By | December 02, 2016
Superior court erred in vacating appellee's drug charges sentence based on the trial court's consideration of the victim impact evidence used in the sentencing of the drug user who bought drugs from appellee and crashed a car and killed several people. Vacated and remanded for resentencing.
6 minute read

The Legal Intelligencer

Commonwealth v. Solomon, PICS Case No. 16-145 (Pa. Super. Nov. 22, 2016) Ransom, J. (9 pages).

By | December 02, 2016
Trial court properly applied the deadly weapon enhancement in sentencing appellant who pleaded guilty to aggravated assault, attempting to elude, reckless endangerment, driving without a license and driving at an unsafe speed because the sentencing court had no discretion to refuse to apply the enhancement where it was appropriate. Affirmed.
4 minute read

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