Supreme Court of New Jersey – In State v. Skinner, A-57/58-12 (N.J. Aug. 4, 2014) the Supreme Court of New Jersey affirmed the Appellate Division’s reversal of a defendant’s conviction for first-degree attempted murder and related charges. Facts — Vonte Skinner was charged with shooting Lamont Peterson seven times. The State contended that Skinner shot Peterson because Peterson owed money…
Continue reading…New Jersey Supreme Court Proposes “Crime Fraud” Exception to Marital Privilege Rule
Supreme Court of New Jersey – In State v. Terry & Savoy, A-71-12 (N.J. July 22, 2104) the Supreme Court of New Jersey affirmed the Appellate Division’s decision that wiretapped conversations between spouses that are otherwise privileged cannot be intercepted or otherwise introduced into evidence. However, because of public policy concerns, the Court proposed new language amending Rule 509…
Continue reading…Third Circuit Finds No Reasonable Expectation of Privacy When “Mooching” Neighbor’s Internet Connection to Download Child Pornography
Third Circuit Court of Appeals – In United States v. Stanley, No. 13-1910, (3d Cir. June 11, 2014) the Third Circuit upheld the conviction of a man who downloaded child pornography by “mooching” off his neighbor’s unsecured wireless Internet connection. Finding that there was no reasonable expectation of privacy, the court allowed the evidence seized with the…
Continue reading…Robing Room Jury Instruction Found to be Reversible Error
New York Court of Appeals – In People v. Rivera, No. 117 (June 10, 2014), the Court of Appeals determined that a brief colloquy in the robing room between the trial judge and a juror should not have taken place outside the presence of the defendant, even with the consent of counsel. Because it did, the Court of…
Continue reading…Second Circuit Rejects Judge Rakoff’s Rejection of Citigroup Settlement with SEC
Court of Appeals for the Second Circuit – In United States Securities and Exchange Commission v. Citigroup Global Markets, Nos. 11-5227-cv; 11-5375-cv; 11-5242-cv, the U.S. Court of Appeals for the Second Circuit found that the district court abused its discretion by rejecting a proposed Consent Judgment between Citigroup Global Markets (Citi) and the Securities and Exchange Commission…
Continue reading…FCPA Guidance from the Eleventh Circut? Not Entirely
Court of Appeals for the Eleventh Circuit – In United States v. Esquenazi, No. 11-15331 (11th Cir. May 16, 2014), the U.S. Court of Appeals for the Eleventh Circuit affirmed the convictions of two men charged with violating the Foreign Corrupt Practices Act (FCPA), in violation of 15 U.S.C. § 78dd-2, concealment money laundering, conspiracy, and conspiracy to…
Continue reading…Attorney Malpractice Claim in Underlying Criminal Case Need Not Show Defendant Would have Been Exonerated
New Jersey – Appellate Division. In Cortez v. Gindhart, No. A-0430-12T1 (App. Div. May 21, 2014) the Appellate Division rejected the traditional notion that in order to assert a legal malpractice claim in an underlying criminal case, the defendant must prove that he would have been exonerated but for the attorney’s negligence. Eduardo Cortez was represented by Joseph…
Continue reading…