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Analysis of major changes to criminal law and its impact
By Marianna Wharry | August 2, 2023
"This Court reaches its conclusion with deep misgivings," U.S. District Judge for the District of Idaho B. Lynn Winmill wrote. "Vega denies individuals like Dr. Moore the ability to seek a remedy for violations of their Fifth Amendment right to counsel. In so doing, '[t]he majority here, as elsewhere, injures the right by denying the remedy.' It is illogical and perverse to insist that the Constitution guarantees a right while stripping the people of their ability to hold government officials civilly accountable for violating it."
4 minute read
By Mason Lawlor | August 2, 2023
"We disagree," Brasher wrote. "We have held that an offense is a 'serious drug offense' under Section 924(e)(2)(A (ii) if it proscribes one of the kinds of conduct listed in that section, i.e., 'manufacturing' distributing, or possessing with intent to manufacture or distribute." United States v. Penn, 63 F.4th 1305, 1316 (11th Cir. 2023). But possessing a listed chemical with reasonable cause to believe it will be used to manufacture is not itself 'manufacturing.' Likewise, this offense does not 'involv[e] manufacturing' as we have previously defined that term."
5 minute read
By Emily Cousins | August 1, 2023
The evidence of Henry Lee's fabrication was overwhelming, the court found.
5 minute read
By Riley Brennan | July 31, 2023
In a July 25 opinion, the state high court determined that while the state hadn't shown a valid reason for the delay, which was six times beyond the 200-day trigger period, the appellant, Kenneth Wayne Daly, hadn't shown that he was prejudiced by the delay.
8 minute read
By Riley Brennan | July 28, 2023
"Virginia appears to be the only state in the country that includes as an element of its fleeing-from-arrest law that the defendant must be within the officer's immediate physical ability to place the person under arrest," Judge Stuart A. Raphael wrote on behalf of the majority.
6 minute read
By Ross Todd | July 25, 2023
"I think there is some lesson here for the skeptical at times lawyers to just really keep it up and not give up," said Hartnett of her client Nakia Roy, who at times in his decades-long appeals represented himself pro se.
6 minute read
By Allison Dunn | July 21, 2023
"After reviewing the Amended Complaint and Plaintiff's communications with Defendants, the Court finds that Plaintiff's harassing conduct is reprehensible, clearly sanctionable, and not the proper conduct of anyone, let alone a licensed attorney," Senior U.S. District Judge Henry E. Hudson wrote.
6 minute read
By ALM Staff | July 20, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read
By The Associated Press | July 18, 2023
James Barber, 54, is scheduled to receive a lethal injection Thursday as the state seeks to resume executions following a lengthy pause.
2 minute read
By Avalon Zoppo | July 14, 2023
Suspended Baltimore criminal defense attorney Kenneth Ravenell will appeal to the U.S. Supreme Court.
3 minute read
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