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New York Law Journal

Using Employer's Server for Personal Communications: Privilege Protected?

Michael J. Hutter, in his Evidence column, analyzes a recent First Department decision that held an employee has no expectation of confidentiality, and therefore no privilege protection (attorney-client or spousal), when using an employer's monitored email system, provided the employee was adequately warned of such monitoring. However, attorney work product protection may still be available for such emails.
24 minute read

National Law Journal

Trump Wouldn't Be the First President Asked to Testify in Congress

If the congressional committees investigating alleged Russian meddling of the 2016 presidential campaign eventually want to hear from President Donald Trump himself, don't count on a subpoena working its magic.
17 minute read

National Law Journal

Trump Wouldn't Be the First President Asked to Testify in Congress

If the congressional committees investigating alleged Russian meddling of the 2016 presidential campaign eventually want to hear from President Donald Trump himself, don't count on a subpoena working its magic.
6 minute read

The Legal Intelligencer

Commonwealth v. Christian, PICS Case No. 17-0718 (C.P. Lawrence April 23, 2017) Motto, J. (8 pages).

The Commonwealth's evidence was not inadmissible as fruit of the poisonous tree where it was obtained separately and independently of information obtained by Ohio law enforcement officials in an illegal traffic stop. The court denied defendant's motion to suppress evidence.
6 minute read

The Legal Intelligencer

Commonwealth v. Treece, PICS Case No. 17-0797 (Pa. Super. May 5, 2017) Lazarus, J. (18 pages).

Evidence was insufficient to support conviction for escape where defendant, being treated at the hospital, was released from restraints and police officers guarding him had left the hospital nearly two hours prior without advising defendant that he was not free to leave, such that defendant was no longer in "official detention" for purpose of escape statute because police were no longer actively exerting authority over defendant. Judgment of sentence vacated.
6 minute read

The Legal Intelligencer

Commonwealth v. Ruffin, PICS Case No. 17-0782 (C.P. Lycoming May 4, 2017) Butts, J. (11 pages).

The commonwealth presented prima facie evidence at the preliminary hearing to support the charges against defendant in connection with a heroin deal, but failed to show that defendant constructively possessed another controlled substance.
5 minute read

The Legal Intelligencer

Commonwealth v. Golphin, PICS Case No. 17-0795 (Pa. Super. May 8, 2017) Stevens, J. (31 pages).

Evidence of defendant's prior abuse of victim and family members was admissible where the acts constituted part of a chain of events that formed the history and natural development of the case. Judgment of sentence affirmed.
7 minute read

New Jersey Law Journal

State v. Carrero

Defendant Entitled to Jury Charge Inconsistent with Defense Theory Where Charge Had Rational Basis in Evidence
5 minute read

New Jersey Law Journal

N.J. Div. of Child Prot. and Permanency v. T.U.B

Title 9 Hearsay Exception Inapplicable to Title 30 Guardianship Proceeding
5 minute read

New Jersey Law Journal

State v. Carrero

Defendant Entitled to Passion/Provocation Charge with Rational Basis in Evidence
4 minute read

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