Free Newsletter
Criminal Practice – Erlinger v. United States – ‘Different Occasions’ Issue at Sentencing
The district court’s Sixth Amendment error under Erlinger v. United States in deciding the “different occasions” issue at sentencing was harmless given undisputed evidence that his prior offenses occurred on […]
Criminal Practice – Ineffective Assistance of Counsel – Inmate’s Untreated Medical Condition
Counsel’s efforts to secure medical treatment during pretrial detention were reasonable and defendant’s guilty plea was voluntary despite his untreated condition, defeating his ineffective assistance claim under Strickland v. Washington. [...]
Criminal Practice – Different Judge Imposing a Longer Sentence – Unconstitutional Judicial Retaliation
No presumption or proof of judicial vindictiveness existed where a different judge imposed a longer sentence based on case-specific factors rather than retaliation for defendant’s prior appeal. We affirmed an […]
Criminal Practice – Rogers-Singletary Error – Warrantless Search
The written judgment imposed broader supervised release conditions than those orally pronounced, creating a material discrepancy under its Rogers-Singletary precedent. We vacated and remanded for resentencing. Defendant pleaded guilty to […]
Criminal Practice – Probable Cause – Police Checkpoints
The trial court did not err by denying Defendant’s motions to suppress for improper checkpoint and lack of probable cause. We affirmed the trial court’s order denying Defendant’s motion to […]
Criminal Practice – Concealed Firearm Statute – Probationary Period
The trial court erred in entering judgment on two firearm convictions and in imposing a 24-month probation term without requisite findings but did not err in referencing the items seized […]
Criminal Practice – Felony Stalking – Assault with a Firearm on a Law Enforcement Officer
The stalking indictment was sufficient and the requested jury instruction for the assault charge was unsupported by the evidence. The trial court did not err. Defendant appealed his convictions for […]
Criminal Practice – Diminished Capacity and Insanity – Competency
The Court found no error in the trial court’s rulings on competency, refusal of diminished capacity and insanity defenses, counsel performance, or admission of a voicemail recording. Defendant received a […]
Criminal Practice – Satellite-Based Monitoring – Authentication of Video
The trial court properly admitted videos depicting the offenses, but the State failed to present evidence justifying a higher risk level. The Court affirmed Defendant’s convictions for second-degree rape but […]
Criminal Practice – Sufficiency-of-the-Evidence Claim – Civil Judgment for Attorneys’ Fees
Defendant’s sufficiency-of-the-evidence claim was unpreserved, his ineffective-assistance-of-counsel claim was premature, and his challenge to attorneys’ fees was unreviewable for lack of jurisdiction. Dismissed in part; dismissed without[...]
Criminal Practice – Alternate Juror – Jury Deliberations
The trial court did not err because the alternate juror did not intrude upon the jury’s deliberations at any point. We discerned no error. In 2023, a grand jury indicted […]
Criminal Practice – Right to Appeal – Petition for Writ of Certiorari
Defendant failed to show that the loss of the right to appeal was due to some error or act of the court or its officers, and not to any fault […]
Top Legal News
- Non-citizens face more scrutiny on bank activities after Trump order
- AG Jackson sues to protect federal loan access for healthcare students
- Forfeiture mandatory after money laundering convictions
- Prior consensual misconduct by officers not enough to put town on notice of sexual assault risk
- US Supreme Court rebuffs pharma challenge to Biden-era drug price
- ‘AI won’t take your job’ and other things CEOs say before the layoffs
- Trump dismisses lawsuit against IRS, court filing shows
- NC takes statewide approach to domestic violence prevention with new review collective
- Blown tire causes two rigs to collide
- Factual disputes block summary judgment on contractual duties
- Supreme Court backs jurisdiction in FAA arbitration case
Commentary
- ‘AI won’t take your job’ and other things CEOs say before the layoffs
- When not to believe (your lyin’ eyes)
- Conduct a technology audit to improve law firm efficiency
- When the client brings ChatGPT to the consultation
- Content Marketing: Where law firms lose referrals and how to prevent it
- Your best people are not leaving for more money — they are leaving because you stopped paying attention
- Best at Work Insights: The choice we’re making about AI
- New life for the noncompete
- 2026: The year of tech, both heroes and villains
- Beyond burnout: The case for workplaces where people thrive
- The December question every leader should anticipate
- How do parent corporations deal with Workers’ Compensation?
