News & Analysis as of

Evidence Criminal Convictions

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

Epstein Becker & Green

Preemption, the First Amendment, and Ineffective Assistance of Counsel on Today’s Decisional Menu - SCOTUS Today

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Once again, the U.S. Supreme Court handed down three decisions on a Thursday, each of them substantively important to the individuals involved, but all of them essentially involving the Supreme Court’s instructing lower...more

BCLP

Former Traders Tom Hayes and Carlo Palombos LIBOR Convictions Upheld by Court of Appeal

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R v TOM HAYES & CARLO PALOMBO [2024] EWCA 304 On 27 March 2024, the Court of Appeal (Bean & Popplewell LJJ, Bryan J) dismissed the appeals against conviction following referrals of the appeals to the Court of Appeal by the...more

Sheppard Mullin Richter & Hampton LLP

“Take Five” – A Guide to Invoking the Fifth Amendment in Civil Cases

Written by Paul Desmond in the key of E-flat minor and performed by the Dave Brubeck Quartet using a funky quintuple (5/4) time, “Take Five” is and was the biggest selling jazz single of all time. But it is also slang for...more

Robinson+Cole Data Privacy + Security Insider

Controversial ‘Keyword Search’ Warrant Leads to Arrests in Murder Case

Last week, the Colorado Supreme Court upheld a criminal conviction which relied in part on evidence obtained pursuant to a warrant for Google search data. People v. Seymour, 2023 CO 53 (Oct. 16, 2023) (available at...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Affirms Conviction and Sentence of Defendant Who Posted Video Urging "Slaughter" of Members of United States...

In United States v. Hunt, the Second Circuit (Walker, Parker, and Bianco) affirmed the conviction and sentence of Brendan Hunt, who in the wake of the 2020 presidential election threatened prominent elected officials on...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Upholds Michael Avenatti’s Conviction for Extortion and Fraud

On August 30, 2023, in United States v. Avenatti, the Second Circuit (Walker, Raggi, Park) put another nail in the coffin of disgraced former celebrity attorney Michael Avenatti. Avenatti became well-known in 2018 due to his...more

Payne & Fears

Modifications to California Regulations Governing Employer Consideration of An Applicant’s Criminal History Approved

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The California Office of Administrative Law recently approved the Civil Rights Council’s amendments to regulations in the Fair Employment and Housing Act (“FEHA”) that govern employer inquiries into and consideration of a job...more

Oberheiden P.C.

Ten Strategies for Criminal Appeals with Federal Appeals Attorney Nick Oberheiden

Oberheiden P.C. on

If you need to appeal the outcome of your federal criminal case, you have lots of factors to consider. While there are a variety of grounds for pursuing appeals, not all grounds are available in all cases; and, even if you...more

Rodemer Kane Attorneys at Law

If The Victim Doesn’t Show Up For Court, Will Your Domestic Violence Case Be Dismissed?

The state of Colorado takes a strong stance against domestic violence and recognizes its devastating effects on individuals, families, and communities. Colorado's domestic violence laws are strict in order to protect victims...more

Tucker Arensberg, P.C.

Trial and Error: Maryland Court’s Decision Presents Second Chance for ‘Serial’s’ Syed

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In October 2014, Sarah Koenig debuted her popular podcast, “Serial.” The podcast discussed the prosecution of Adnan Syed, who was accused of murdering Hae Min Lee, a high-school senior that vanished after school in 1999....more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Conspiracy Theories

This week, the Ninth Circuit explores permissible theories of liability in a bank fraud conspiracy case. USA V. DIANA YATES - The Court holds that theories of conspiracy liability premised on a bank’s right to...more

Butler Snow LLP

Extraordinary Writs in Criminal Cases | Michael Falkenberg | Texas Appellate Law Podcast

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Most appellate practitioners deal with direct appeals from trial court rulings. But criminal practitioners know that direct appeals are only part of the process. At the Texas Court of Criminal Appeals, writ practice takes up...more

WilmerHale

Dewey Bozella on His Wrongful Conviction

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This episode profiles Dewey Bozella, a former professional boxer and WilmerHale client who spent 26 years in prison for a crime he did not commit. Bozella is interviewed by WilmerHale Partner Ross Firsenbaum and former...more

Dorsey & Whitney LLP

The Supreme Court - March 22, 2021

Dorsey & Whitney LLP on

Servotronics, Inc. v. Rolls-Royce PLC, No. 20-794: Whether the discretion granted to district courts in 28 U.S.C. §1782(a) to render assistance in gathering evidence for use in “a foreign or international tribunal”...more

Oberheiden P.C.

Federal Indictment? Five Potential Outcomes and Five Potential Defenses

Oberheiden P.C. on

If you have received a federal indictment, you are facing a serious set of circumstances. Unless you are able to have your indictment dismissed, you will go to trial on federal charges, and you will be at risk for facing...more

Cozen O'Connor

Notice of Appeal - Winter 2021

Cozen O'Connor on

Precedential Opinions of Note - False Claims Act’s First-to-File Bar Permits Amended Complaint Adding New Relator - In re Plavix Marketing, Sales Practices and Products Liability Litigation (No. II) (September 1, 2020), No....more

Cozen O'Connor

Notice of Appeal - Fall 2020

Cozen O'Connor on

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

Foley Hoag LLP

Foreign Executive’s FCPA Convictions Overturned

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District Court Finds Insufficient Evidence That He Acted As Agent of U.S. Subsidiary - Background - On February 26, 2020, a federal judge in Connecticut granted in part the motion for acquittal of a former senior executive...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Affirmation of Criminal Conviction Based on Circumstantial Evidence

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Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the defendant appealed his criminal conviction for wire fraud, money laundering, and securities fraud claiming the government failed to prove fraudulent...more

Patterson Belknap Webb & Tyler LLP

In Divided Decision, Court Rejects Challenge to Conspiracy Conviction Based on Grand Jury Clause

In United States v. Dove, 14-1150-cr, the Second Circuit (Walker, Pooler, Chin) upheld a drug conspiracy conviction against claims that the government improperly shifted its case away from the broader conspiracy charge in the...more

Patterson Belknap Webb & Tyler LLP

Good Faith Exception to Exclusionary Rule Saves Conviction Based on Illegal Search

In United States v. Gomez, 16-181-cr (Parker, Wesley, and Droney), the Second Circuit found that the defendant’s Fourth Amendment rights were violated during a five-minute traffic stop because the police officers extended the...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Remands for New Trial Based on District Court’s Improper Exclusion of Advice-of-Counsel Testimony

In United States v. Scully, 16-3073-cr (Pooler, Lynch, Cogan[1]), the Second Circuit vacated the defendant’s conviction for various offenses, including mail and wire fraud, conspiracy to defraud the United States, the sale of...more

Farrell Fritz, P.C.

Second Circuit Vacates Conviction of Pharmaceutical Distributor on Advice-of-Counsel Defense

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Last week, in United States v. Scully, the Second Circuit vacated the conviction of a distributor of pharmaceutical products on misbranding charges due to evidentiary issues surrounding his advice-of-counsel defense at trial....more

Patterson Belknap Webb & Tyler LLP

Circuit Sidesteps Interesting Suppression Questions in Body-Packing Case

The Second Circuit issued a published opinion on September 11, 2017 in United States v. Pabon, No. 16-1754 (Cabranes, Livingston, Pauley), a case arising from an interesting set of facts involving the warrantless arrest of...more

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