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Criminal Prosecution Appeals

Health Care Compliance Association (HCCA)

‘No Evidence’: Judges Toss KU Researcher’s Conviction; Reinstatement Battle Is Next

“I am writing with good news!!! Yesterday, the 10th Circuit overturned Franklin’s only remaining conviction and ordered the trial judge to enter a verdict of NOT GUILTY!!! After five long and difficult years, Franklin has...more

Patterson Belknap Webb & Tyler LLP

The Right to be Heard: Second Circuit Vacates Sentence of Criminal Defendant Denied Allocution

In United States v. Lajeunesse, the Second Circuit (Leval, Chin, Lee) vacated the conviction of a criminal defendant denied an opportunity to personally address the court during his sentencing hearing....more

Butler Snow LLP

Handling Post-Conviction Death Penalty Cases Pro Bono | McKenzie Edwards | Texas Appellate Law Podcast

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Finding a career in the law and finding something you’re passionate about don’t always intersect. But McKenzie Edwards, a trial lawyer with Cleveland | Krist PLLC in Austin, has managed to do both. Starting in law school, she...more

Dickinson Wright

Michigan Court of Appeals Clarifies Application of the “Plain Error” Rule

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One of the more well established appellate doctrines in Michigan is that a claim of error generally won’t be considered on appeal unless it is preserved in the trial court.  That isn’t necessarily the case in criminal...more

Kohrman Jackson & Krantz LLP

Spa Corporate Officials Taken into Custody for Refusal to Comply with NLRB and Court Orders

In a recent and highly unusual turn of events, the United States Court of Appeals for the Seventh Circuit (Seventh Circuit) has ordered U.S. Marshals to take corporate officials of Haven Salon + Spa (Haven) into custody for...more

Fox Rothschild LLP

Recusal at Issue

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In State v. Richardson, 272A14, filed 1 September 2023, the Supreme Court of North Carolina reviewed the conviction and sentencing of the defendant. The evidence indicated the gruesome and protracted abuse of a child that...more

Miles Mediation & Arbitration

Mediating Negligent Security Cases: Issues and Strategies for Plaintiffs and Defendants

In the last few years, I have been fortunate to have attorneys and their clients trust me as their mediator in a significant number of high-exposure negligent security cases. Negligent security cases can offer a variety of...more

Kaufman & Canoles

N.C. Court of Appeals Lifts Injunction in Skill-Games Case Opening Possibility of Criminal Prosecution

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Last month, the North Carolina Court of Appeals dealt a blow to the skill-based gaming industry by overturning a trial court injunction which barred law enforcement from pursuing criminal charges against the litigants who are...more

Jackson Walker

Major Case Update: Fifth Circuit Declines to Transform How Courts Apply Sentencing Guidelines

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On July 24, 2023, the United States Court of Appeals for the Fifth Circuit issued its much-anticipated en banc decision United States v. Vargas, 21-20140...more

Bradley Arant Boult Cummings LLP

One Step Forward, Two Steps Back: The Latest on Federal Court Treatment of Criminal Defendants

Last week, the Sixth Circuit and Supreme Court issued opinions on criminal law that could affect trial and sentencing strategy for white collar defendants in regulated industries. District court discretion does not...more

Jones Day

Australia: Solicitors' Duties to Witnesses in Civil Cases Who May Be Exposed to Criminal Charges or Other Penalties

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In Short  - The Situation: The Victorian Court of Appeal in Australia has delivered a decision with guidance to lawyers on their duties when dealing with witnesses in civil cases where there is a risk that the witnesses'...more

Woods Rogers

Civil Interlocutory Appeals In Virginia

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While most appeals do not occur until after a final order is issued by the circuit court, there are instances when an issue is so pressing that an appellate court will resolve it before the case proceeds to final judgment in...more

Patton Sullivan Brodehl LLP

California Supreme Court: Penal Code Section 496(c) Can Apply To Business Disputes

In a long-awaited opinion — Siry Investment, L.P. v. Farkhondehpour — the California Supreme Court held that California Penal Code section 496 can apply to a business dispute. The opinion resolves a split of authority among...more

Patton Sullivan Brodehl LLP

Sometimes Real Property Rights Can be Adjudicated in a Criminal Case Where the Property Owner is Not Even a Party

Owners of real property generally understand that their property rights can be impacted by litigation in which they are a party. However, what’s less clear, but perhaps equally important to understand and guard against, is...more

Hogan Lovells

Proof in Trial: Appellate Edition: Holmes v. Winter

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Subscribe and listen to Proof in Trial here: https://proofintrial.lnk.to/series A journalist facing a jail sentence for protecting her sources; a Native American tribe fighting to reclaim their land; a software company...more

Awatif Mohammad Shoqi Advocates & Legal...

What are the Standard Procedures for Law Enforcement in the UAE?

In all nations, laws are enforced by various governmental machineries, such as the police and courts through administration of the criminal justice system. In the United Arab Emirates, the criminal law is governed by...more

Zuckerman Spaeder LLP

The U.S. Supreme Court Rejects Bronx DA’s Attempted End-Run Around Confrontation Clause

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In Hemphill v. New York, the U.S. Supreme Court held that the defendant “did not forfeit his confrontation right merely by making [a] plea allocution arguably relevant to his theory of defense.” The Court rejected the attempt...more

The Volkov Law Group

DOJ Loses Another Libor-Rigging Case on Appeal

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The Justice Department trumpeted its criminal prosecutions against defendants charged with Libor-rigging.  It had a right to toot its own horn.  But many of these convictions have not withstood the scrutiny of appellate...more

Bass, Berry & Sims PLC

Second Circuit Affirms Convictions in College Basketball Bribery Scandal

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On June 4, the U.S. Court of Appeals for the Second Circuit issued a decision upholding the bribery convictions of two defendants in the college basketball scandal that garnered a significant amount of media attention in...more

Woods Rogers

Virginia Has Created a New Right of Appeal for Civil and Criminal Litigants

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Until this last legislative session, Virginia was the only state in the nation without a right of appeal from civil judgments and criminal convictions.  However, the most recent General Assembly session passed, and the...more

Dorsey & Whitney LLP

The Supreme Court - June 1, 2021

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Today, the Supreme Court of the United States issued the following two decisions: United States v. Cooley, No. 19-1414: When a tribal officer saw a truck parked on the side of a public highway within the Crow...more

Cozen O'Connor

Notice of Appeal - Spring 2021

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Precedential Opinions of Note - Government Must Prove Falsity Under Any Objectively Reasonable Standard - United States v. Harra (January 12, 2021), No. 19-1105 http://www2.ca3.uscourts.gov/opinarch/191105p.pdf Unanimous...more

WilmerHale

Insider Trading Case to Watch: The Second Circuit to Revisit Blaszczak

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This spring, the Second Circuit will revisit its highly consequential insider trading decision in United States v. Blaszczak. The case is one to watch, as it has the potential to impact how the government approaches...more

Cozen O'Connor

Notice of Appeal - Fall 2020

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Precedential Opinions of Note - Evidence from Outside Limitations Period Permissible to Prove Ongoing Scheme to Defraud - United States v. James (April 3, 2020), No. 19-1250...more

Holland & Hart - Your Trial Message

Voir Dire on Content, Not Effect: Lessons from the Tsarnaev Appeal

We tend to think of “bias” as it applies to juries, but courts can have their own deep-seated practices. For example, judges will often prefer voir dire questions that focus on the juror’s own assessment of the influence of a...more

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