New York Criminal Caselaw Roundup with Attorney Jason Russo – October, 2023

New York Appellate Division Map

Cases we’ll cover include Assault in the Third Degree, Speedy Trial, CPL 30.30, Rape Shield Law, Right to Present a Defense, Sexual Abuse in the First Degree, Assault in the Second Degree, Justification defense, Self Defense, suppression, Miranda warnings, Reckless Endangerment in the First Degree, mental competence, Rape in the Second Degree, Level Two Sex Offender, SORA, Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree, Criminal Mischief in the Fourth Degree, Falsifying Business Records in the First Degree, Penal Law § 175.10, insufficient evidence, Criminal Possession of a Controlled Substance in the Third Degree, arrest warrant, Petit Larceny, and more.

New Jersey Criminal Caselaw Roundup with Steve Gaitman – October, 2023

NJ State Flag

Cases we’ll cover include motion in limine, jail call, murder, Third Degree Theft by Failure to Make Required Disposition of Property Received, N.J.S.A. 2C:20-9, insufficient evidence, third-degree unlawful possession of a handgun, N.J.S.A. 39-5(b)(1), fourth-degree contempt of court, N.J.S.A. 2C:29-9, motion to withdraw guilty plea, first-degree robbery, N.J.S.A. 2C:15-1(a), second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-5(b); and second-degree certain persons not to possess a firearm, N.J.S.A. 2C:39-7(b), third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1) (count one); third-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(5); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b)(1), second-degree possession of a weapon during a CDS offense, N.J.S.A. 2C:39-4.1(a), second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b)(1), Murder, Possession of a Weapon for Unlawful Purpose, Disturbing Human Remains, Animal Cruelty, and Certain Persons Not to Have Weapons, suppression, probable cause, automobile exception, jury deliberations, deadlock, jury deadlock, juror dismissal, dismissal of juror, alternate juror, Gross hearing, prior inconsistent statement, and more

Second Circuit Criminal Caselaw Roundup by Jason Russo – October, 2023

Second Circuit Courthouse - Panorama

In this edition of the Second Circuit Criminal Caselaw Roundup, we’ll cover murder in aid of racketeering, RICO, murder, 18 U.S.C. § 1959, Hobbs Act, Hobbs Act Robbery, conspiracy to distribute cocaine, ineffective assistance of counsel, 28 U.S.C. § 2255, Certificate of Appealability, and more.

Trump Attorney Jenna Ellis Pleads Guilty in Georgia Case

Jenna Ellis Mugshot

Fulton County, Georgia – Jenna Ellis, an attorney who worked on the Trump 2020 campaign, pled guilty on Tuesday, October 24, 2023 to one count of aiding and abetting false statements and writings. Ellis is charged as a co-defendant of Donald Trump in in the Georgia election interference case.

Former Attorney for Trump Pleads Guilty in Georgia Case, Agrees to Cooperate

Sidney Powell Mugshot in Georgia

Attorney for Donald Trump Pleads Guilty in Georgia Case, Agrees to Cooperate Against Trump

Sidney Powell, a former attorney for Donald Trump, has entered a guilty plea to six misdemeanor charges at a Fulton County courthouse in Georgia. These charges revolve around conspiracy to commit intentional interference with the performance of election duties regarding the 2020 election.

Hunter Biden Arraigned and Enters Plea of Not Guilty to Federal Firearms Charges

District of Delaware Courthouse - from district website

Hunter Biden, the son of President Biden, entered a plea of not guilty in the U.S. District Court for the District of Delaware on federal gun charges. These charges stem from Special Counsel David Weiss’ lengthy investigation. Hunter Biden was physically present in court for his arraignment.

The charges against Hunter Biden include making a false statement during the purchase of a firearm, making a false statement related to information required by a federal firearms licensed dealer, and possession of a firearm by someone considered an unlawful user of or addicted to a controlled substance. Collectively, these charges could lead to a maximum prison sentence of up to 25 years, with each count carrying a maximum fine of $250,000, as well as three years of supervised release.

Black Defendant Granted New Trial After Judge Says He “Looks Like a Criminal”

Sixth Circuit Court of Appeals

Black Defendant Granted New Trial After Judge Says He “Looks Like a Criminal”

In a case that underscores the significance of impartiality in the judicial system, a Black defendant, Leron Liggins, has been granted a new trial following a 3-0 decision by a penal of the United States Court of Appeals for the Sixth Circuit. The decision was based on the controversial comments made by U.S. District Judge Stephen J. Murphy III during a January 2020 hearing. The judge’s remarks, which included the statement that Liggins “looks like a criminal,” sparked accusations of bias and prejudgment, leading to questions about the fairness of the trial proceedings.

New Jersey Criminal Caselaw Roundup – September 29, 2023

New Jersey Supreme Court Seal

Steven J. Gaitman, Esq. Steven J. Gaitman, a former New York public defender with 25 years of experience in criminal law, is a partner at Gaitman & Russo, LLP.  Mr. Gaitman is licensed in New York, New Jersey and Federal courts.  The firm focuses its practice in Federal and State criminal defense, criminal appeals, and […]

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