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Evidence Appeals Criminal Prosecution

Carlton Fields

Florida Appeals Court Decisions Week of August 11 - 15, 2025

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U.S. Eleventh Circuit Court of Appeals - Huggins v. Manatee Sch Dist - First Amendment, qualified immunity, amending pleadings - Andre v. Clayton Cnty - Atlanta airport random searches, constitutional challenge,...more

Carlton Fields

Florida Appeals Court Decisions Week of May 12 - 16, 2025

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U.S. Eleventh Circuit Court of Appeals - Maron v. Fla CFO - Florida Unclaimed Property Act, taking, sovereign immunity - USA v. Solomon - sentencing, Hobbs Act - HM Fla v. Fla DBPR - obscenity, First Amendment - ...more

Carlton Fields

Florida Appeals Court Decisions Week of April 28 - May 2, 2025

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U.S. Eleventh Circuit Court of Appeals - Prime P&C v. Kepali Grp - insurance coverage, vehicle, after-acquired - State Farm v. LaRocca - Fla Health Care Clinic Act, wholly owned exception, certified question - Top...more

Jackson Walker

Fifth Circuit Criminal Opinions: Insights and Analyses

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This is the first of a continuing series of summaries written by Jackson Walker partner, Joe Magliolo, and his colleagues, of new, published Fifth Circuit criminal opinions, with occasional forays into other subjects of...more

Venable LLP

SCOTUS Dodges Confrontation Clause Case, but Justices Are Open to Reconsidering Crawford

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The Supreme Court refusing to hear a case is nothing new, but an otherwise run-of-the-mill denial of the cert petition in Franklin v. New York, 604 U.S. ____ (2025) was accompanied by statements from Justices Alito and...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Rejects Double Jeopardy and Sufficiency of the Evidence Arguments After Remand in Ciminelli Case

In United States v. Aiello, the Second Circuit (Raggi, Chin, Sullivan) remanded the cases of Steven Aiello, Joseph Gerardi, Louis Ciminelli, and Alain Kaloyeros (collectively, the “defendant-appellants”) for retrial on their...more

Carlton Fields

Florida Appeals Court Decisions Week of March 10 - 14, 2025

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U.S. Eleventh Circuit Court of Appeals - Albert v. Ass’n of Anti-Money Laundering - ADA, § 309 - NRA v. Bondi - firearms, sales to minors, young adults, constitutional challenges - Org of Prof Aviculturists v. FDLA...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Murder, Misogyny, and The Due Process Clause: U.S. Supreme Court Grapples With The Effect Of Unduly Prejudicial Evidence

In 2004, Appellant, Brenda Andrew was convicted in Oklahoma of first-degree murder and conspiracy to commit first-degree murder for participating in the homicide of her husband to collect his life insurance policy. Andrew was...more

Carlton Fields

Florida Appeals Court Decisions Week of February 24 - 28, 2025

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U.S. Eleventh Circuit Court of Appeals - USA v. Charles - sentencing - Miller v. Ramirez - qualified immunity, deferring ruling - Chapman v. Dunn - prison conditions, Eighth Amendment - USA v. Horn - securities...more

Carlton Fields

Florida Appeals Court Decisions Week of February 17 - 21, 2025

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U.S. Eleventh Circuit Court of Appeals - Wilson v. Hearos - removal by nonparty, service of process, Ga law - USA v. Lemus - Maritime Drug Law Enforcement Act, constitutional challenges...more

Herbert Smith Freehills Kramer

Second Circuit Affirms Order Compelling Disclosure of Attorney-Client Communications Subject to the Crime-Fraud Privilege...

On Feb. 7, 2025, the U.S. Court of Appeals for the Second Circuit in In re Two Grand Jury Subpoenas Dated Sept. 13, 2023 affirmed the Southern District of New York’s order compelling a partner at a law firm and the firm to...more

Carlton Fields

Florida Appeals Court Decisions Week of February 10 - 14, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Horton v. Gilchrist - prisoner, amending pleadings - USA v. Archie - search and seizure...more

Carlton Fields

Florida Appeals Court Decisions Week of January 27 - 31, 2025

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U.S. Eleventh Circuit Court of Appeals - Guevara v. Lafise - FLSA - Turner v. US Att’y Gen - immigration, derivative citizenship - USA v. Webster - statute of limitations, tolling by filing information - Insurance...more

Dorsey & Whitney LLP

The Supreme Court Update - January 21, 2025

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The Supreme Court of the United States issued one decision today: Andrew v. White, No. 23-6573: In this case, the Court addressed whether the State violated petitioner Brenda Andrew’s due process rights when, during her...more

Carlton Fields

Florida Appeals Court Decisions: Week of January 13-17, 2025

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U.S. Eleventh Circuit Court of Appeals - Guan v. Ellingsworth Res CA - bankruptcy - Doty v. State - capital case, postconviction relief - Owens v. State - postconviction relief, multiple motions - Davis v. State -...more

Carlton Fields

Florida Appeals Court Decisions: Week of January 6-10, 2025

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U.S. Eleventh Circuit Court of Appeals - Warren v. DeSantis - mootness, gubernatorial suspension challenge - USA v. Brown - sex trafficking, evidence, continuance, speedy trial - Sunz v. IRS - insurance, bankruptcy, BP...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Reiterates, in a Published Decision, That Defendant is Bound by Decision to Decline Oral Pronouncement of...

In United States v. Lewis, the Second Circuit (per curiam) affirmed the judgment of conviction of Chanette Lewis, who had pleaded guilty to two counts of conspiracy to commit wire fraud in violation of 18 U.S.C. § 371.  The...more

Carlton Fields

Florida Appeals Court Decisions: Week of October 7-11, 2024

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U.S. Eleventh Circuit Court of Appeals - Parrott v. Neway - bankruptcy, appeal, timeliness - Muscogee (Creek) Nation v. Rolin - tribal immunity - Hornady v. Outekumpu Stainless - default judgment sanction - USA...more

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

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

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

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

Sands Anderson PC

Wrongfully Convicted Man Threads the Needle: Virginia High Court Grants Writ of Actual Innocence

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Generally speaking, Virginia criminal defendants who want to challenge their convictions have only a few options. None of them are very good. They have 30 days from the date of their conviction to appeal to the Virginia Court...more

Bass, Berry & Sims PLC

Chris Lazarini Comments on Jury Function in Criminal Proceeding

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Bass, Berry & Sims attorney Chris Lazarini commented on a case in which a defendant – convicted in a criminal proceeding of knowingly and willfully making false statements to investors, regulators, an outside accountant and...more

Sands Anderson PC

Virginia Supreme Court Opinions Affecting Local Government Law – April 16, 2015

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The Virginia Supreme Court issued opinions this morning during its April term. This term resulted in several opinions affecting Virginia local government law. Opinions addressed evidence in a condemnation case, interpreted...more

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