LexMonitor

Does the Internet Create Unfair Jury Trials?

Jurors are not supposed to look at media coverage of the case during a trial since their verdicts are supposed to based on the evidence presented in a trial, rather than media reports. But can they really resist taking a sneak peek on the Internet? In February of 2010, the U.K.’s Ministry of...

THE TOP 10 CYBERLAW CASES: #10 – The File Sharing Trials

“Only one thing is impossible for God: To find any sense in any copyright law on the plant” - Mark Twain. What Are the File Sharing Trials? The file sharing trials are copyright infringement actions dealing with the distribution and downloading of digital music. The Recording Industry...

Case overruled: Nebraska Supreme Court allows Defendant facing retrial after a trial court ordered a deadlocked jury mistrial to file a plea in bar motion to contest whether double jeopardy would bar the retrial. Although the court should have had counsel and the defendant present while declaring...

Petition for further review to the Nebraska Supreme Court sustained in No. S-08-959: State v. Simnick, 17 Neb. App. 766 (2009). Petition of appellant for further review sustained on September 16, 2009 {the finding that Defendant committed an aggravated offense for the purpose of lifetime community ...

Nebraska Supreme Court, Miller-Lerman, Justice affirms Lancaster County District Court conviction of felony murder and use of a firearm to commit a felony from the shooting death in an armed robbery of a marijuana dealer. State v. Banks, S-07-670, 278 Neb. 342. Defendant broke into the victims...