by Christopher Zoukis
In a case involving a dispute between two prison guards, the Supreme Court of New Jersey clarified the kind of conduct necessary to expose an individual to criminal liability for verbally harassing someone else in the state.
William Burkert and Gerald Halton, both prison guards and members ...
by Christopher Zoukis
The United States Court of Appeals for the Eighth Circuit ruled that Teague v. Lane, 489 U.S. 288 (1989), which bars retroactive application of new rules of criminal procedure on collateral review, applies to claims brought pursuant to Padilla v. Kentucky, 559 U.S. 356 (2010), which ruled ...
by Christopher Zoukis
Judges in New York City courtrooms have an unusual option when it comes to the pre-trial release of a defendant charged with a minor crime: $1 bail. Hundreds of people accused of crimes such as theft of services, marijuana possession, and other minor offenses are required to ...
by Christopher Zoukis
The Supreme Judicial Court of Massachusetts reversed a felony-murder conviction and sent the case back for a new trial because the trial court failed to suppress evidence obtained from an illegal search of the defendant’s cellphone.
The November 21, 2017, opinion overturned the conviction of Aaron Morin ...
by Christopher Zoukis
In a significant decision regarding Rule 804 of the Utah Rules of Evidence, the Utah Supreme Court reversed itself in a case involving the use of hearsay testimony from a preliminary hearing at trial in a criminal prosecution.
The September 6, 2017 opinion considered the criminal case ...
by Christopher Zoukis
The U.S. Court of Appeals for the Seventh Circuit reversed a conviction pursuant to a guilty plea that the district court accepted, but was not accompanied by a Federal Rule of Criminal Procedure 11 colloquy. The January 25, 2018, opinion remanded the case for entry of a ...
by Christopher Zoukis
The New York Court of Appeals made an important clarification to an exemption to the state’s Freedom of Information Law (“FOIL”), which restricts access to records compiled for law enforcement purposes that identify confidential sources or information.
The November 21, 2017, opinion ruled that the exemption may ...
by Christopher Zoukis
The Sixth Amendment to the United States Constitution provides that “[i]n all criminal prosecutions, the accused shall have the right ... to have the Assistance of Counsel for his defense.” What exactly the “right” to counsel in a criminal matter means has been the subject of debate ...
by Christopher Zoukis
The Patrolmen’s Benevolent Association (“PBA”), New York City’s largest police union, cut the number of “get out of jail free” cards given to officers for their friends and family. In years past, cops were allotted 30 cards each, but that number was recently lowered to 20.
The ...
by Christopher Zoukis
Since 2014, police in Philadelphia, Pennsylvania have had the option of issuing a $25 fine in lieu of arresting a citizen found in possession of a small amount of marijuana. In 90 percent of all such cases, fines were issued. But still some Philadelphians went to jail ...
