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The Legal Intelligencer

Justices to Mull Whether Search Consent Includes Canine Sniff

The Pennsylvania Supreme Court is poised to consider whether a motorist's consent to a vehicle search includes a canine sniff.
7 minute read

The Legal Intelligencer

Long-Running Dragonetti Suit Against Firm Sent Back Down Again

Further prolonging a discovery dispute that dates back to 2011, the Pennsylvania Superior Court has remanded for the second time in three years a Dragonetti Act lawsuit against Blue Bell-based Kaplin Stewart Meloff Reiter & Stein with instructions for a Philadelphia trial judge to better explain why privileged documents were deemed discoverable.
23 minute read

New York Law Journal

'Patterson' Raises Complex Questions About Hearsay Evidence

Paul Shechtman reviews the Court of Appeals' recent decision in 'People v. Patterson' which upheld the admission of cell phone subscriber information as non-hearsay evidence. Did the court get it right?
16 minute read

The Legal Intelligencer

Commonwealth v. McCoy, PICS Case No. 17-0152 (Pa. Super. Jan. 27, 2017) Ott, J. (11 pages).

By | February 10, 2017
Defendant's unprovoked flight in a high crime area upon merely observing police provided reasonable suspicion to detain defendant, warranting admission of evidence defendant discarded during police pursuit. Judgment of sentence affirmed.
5 minute read

The Legal Intelligencer

Commonwealth v. Moore, PICS Case No. 17-0119 (C.P. Lawrence Oct. 14, 2016) Hodge, J. (30 pages).

By | February 10, 2017
Court declined to suppress evidence seized pursuant to the search warrant because the totality of the circumstances validated the CI's information and the warrant was not overbroad. Motion granted in part and denied in part.
6 minute read

New Jersey Law Journal

Hospital Report Privileged Even If Errors Withheld From Regulators

The ruling from the Appellate Division overturned the trial court's decision that directed the report to be turned over to the patient, and found that the incident should have been reported to the state.
7 minute read

New York Law Journal

Community Caretaking: New Doctrine for Court of Appeals

In his Criminal Law and Procedure column, Barry Kamins writes: The New York Court of Appeals has recently upheld the towing, impoundment and inventory search of an automobile, holding that these actions were, under the facts of the case, consistent with a "community caretaking function." This is the first time the court has adopted this theory, although it has made oblique references to it in the past. What is the origin of this doctrine and, more importantly, what are its boundaries and scope?
13 minute read

New Jersey Law Journal

State v. Marroccelli

By | February 02, 2017
Note That Husband Was Driving Admissible in Wife's Vehicular Homicide Trial
5 minute read

New Jersey Law Journal

State v. Mauti

By | February 02, 2017
DNA Evidence Inadmissible as Hearsay Due to Lack of Proper Foundation
5 minute read

New York Law Journal

Admissibility of Business Records Containing Out-of-Court Statements

In his Evidence column, Michael J. Hutter writes: Court of Appeals Judge Stein's conclusion, and her analysis in support, that the Sprint subscriber information offered in a burglary and robbery trial to establish phone calls between the defendant and an accomplice was not barred by the hearsay rule is certainly valuable on that difficult issue. The true value of her opinion, however, lies in how she reached that admissibility conclusion in the context of the offered evidence, the cell phone records, which involved two out-of-court statements.
19 minute read

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