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“Eunice Lee an Active Questioner on First Day Hearing 2nd Circuit Arguments; Lee, the first former federal defender ever to serve on the influential appeals court, peppered attorneys in three appeals, foreshadowing a potentially-outsized role in addressing unsettled areas of criminallaw”: Tom McParland of NewYorkLaw Journal has this (..)
Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether defendants have standing to assert violations of an extradition treaty and whether the wire fraud statute applies extraterritorially to reach a defendant’s conduct committed only in Nigeria. United States. Guzman Loera v.
In a press conference, US Attorney General Merrick Garland stated that regional justice departments in the Eastern District of NewYork and the District of New Jersey arrested two and charged 13 people allegedly acting on behalf of the PRC. Unaware these documents were fake, the defendants then sent them to the PRC company.
The Supreme Court ruled Thursday that prior convictions for crimes of reckless violence aren’t sufficient to trigger additional years of imprisonment for felons convicted of gun possession, reports the Wall Street Journal. The NewYork Times reports that the case concerned Charles Borden Jr.,
The link between Fetal Alcohol Syndrome (FAS) and criminal behavior is rarely acknowledged as a mitigating factor in U.S. jurisprudence , says a NewYorkLaw School Legal Studies Research Paper. . According to the NewYorkLaw School study, racial minorities are more likely to have FAS. Race and FAS.
One of the threats faced by NewYork Gov. Andrew Cuomo is the pending criminal assault allegation in the Albany Police Department. If proven, the allegation of the former staff members of being groped by Cuomo could meet the standard for criminal assault. The women could bring direct criminal complaint against Cuomo.
We've previously looked at the reduction in the caseload at NewYork's highest court. See The Incredible Shrinking Docket: The Court of Appeals' Reduced Caseload [The Graph].)
I am less opposed to the bail as I am to the fact that NewYork officials cannot maintain a prison with a minimal level of security. ” Rikers has long been in the control of the inmates, particularly criminal gangs. NewYork officials have let this go on for decades with no accountability.
It is difficult for courts to balance such elements. She was also arrested for simple assault after an incident at Concord Hospital. There are reports that Dula has been under treatment for mental illness, including possible bipolar illness. On the other hand, she just admitted to intentionally striking down an officer.
In Part 1 of this series, we saw that the number of cases calendared for a hearing at the Court of Appeals in the first 4 months since Rowan Wilson became NewYork's Chief Judge increased significantly. A 45% increase over the same 4 months the previous year.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court has returned from its summer break and gotten down to business. The court agreed to review a dozen petitions from that conference. Several of them are sequels to earlier high court decisions.
The paper’s author, Jacob Schuman , an assistant professor at Pennsylvania State University School of Law, argues that the system of supervised release has become a “drug-control network focused on public safety” rather than rehabilitation. See Also: NewYork Parole System Called ‘Reincarceration Machine’.
Former Taliban commander Haji Najibullah has pleaded not guilty in US federal court Friday to murdering three US soldiers In Afghanistan in 2008, according to Reuters. Najibullah entered the plea in a Manhattan federal court after the prosecutor unveiled the new charges last week.
Share In the midst of a national opioid crisis that claimed more than 100,000 lives in this country over the past year, the Supreme Court will hear a case on Tuesday about the relevance of doctors’ subjective intentions in criminal prosecutions for unlawful distribution of controlled substances. While on the surface, the case, Ruan v.
Court documents also quote her as saying. “I In such a case, the full record, including the podcast, is likely to be before a judge during sentencing though the court will often follow the recommendations of prosecutors in a plea agreement. After they had her in custody, she is captured on body-worn camera saying “What did I do?”
As I've explained numerous times on NewYorkCourt Watcher [See e.g., NYCOA: Criminal Appeals (Part 3)--Voting & Decisional Patterns (Mar. 13, 2019)] and elsewhere [See e.g., Great Dissents: 'Matters of High Principle' at the Court of Appeals, 94 N.Y. at 23 (Nov./Dec. 2022)]--and as judicial scholars have
In some examples cited in the paper, a Virginia defendant in Virginia charged with transporting marijuana pleaded guilty to trafficking a different type of drug altogether; a NewYork defendant charged with animal cruelty pleaded guilty to trespassing even though no trespassing was involved.
We previously looked at the increase in cases being heard at NewYork's highest court since Rowan Wilson was elevated to Chief Judge this past April and, more specifically, since he began producing the Court's calendars starting with this September's.
A common misconception, perpetuated by popular television shows and movies, as well as the Sixth Amendment, is that everyone gets their day in court. However, according to the National Association of Criminal Defense Lawyers , less than 3 percent of criminal cases have gone to trial in the last five decades.
Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. This week, we highlight cert petitions that ask the court to consider, among other things, whether to revive two federal gun restrictions struck down by the U.S. Court of Appeals for the 5th Circuit.
In Part 1 of this series, we looked at the first 4 months of Rowan Wilson's tenure as NewYork's Chief Judge and saw a 45% increase in total appeals calendared over the corresponding period the previous year. In Part 2, we saw that the number of criminal appeals calendared had actually doubled.
Dissents, Disappointments, and Open Questions (Reviewing the Supreme Court's past term and developments--yes, and enjoying the Saratoga meet--monopolized my time for a while. Back to the NewYorkCourt.) Let's return to that June 14 set of decisions by NewYork's highest Court. And when they don't?
Maintaining profitability was a near-impossible feat in the early days of the pandemic, but over time, as firms (and courts) put processes and technology in place to facilitate remote work and increase efficiency, midsize law firms were eventually able to rebound. due to courthouse closings and restrictions when courts did reopen.
Maintaining profitability was a near-impossible feat in the early days of the pandemic, but over time, as firms (and courts) put processes and technology in place to facilitate remote work and increase efficiency, midsize law firms were eventually able to rebound. due to courthouse closings and restrictions when courts did reopen.
He was finally apprehended in Suffolk County, Long Island, according the NewYork Post. However the court reportedly released him without bail even though he was arrested after fleeing the scene. The NewYork Post reports that Newson is a reputed member of the Edgemere Crew gang.
We previously looked at the stark disparity among the Court of Appeals Judges in the number of CLA's (Crimnal Leave Applications) they granted last year. These figures underscore what is well known by attorneys who practice before NewYork's highest court, as well as by those who have worked there and by those who study it.
The Georgia Supreme Court this week issued a decision holding that the streaming of pre-1972 sound recordings by iHeart Media does not violate the state’s criminal statutes against the “transfer” of recorded sounds without the permission of the owner of the master recording.
In the last post, we looked at two dissents that protested majority decisions at NewYork's highest court that overturned convictions because of errors having nothing to do with guilt or innocence, and where there was no suggestion that the alleged error by the trial judge had caused any prejudice to the defendant. See Part 4b.)
Now, after an unfavorable HHS Office of the Inspector General (OIG) advisory opinion and two defeats in court, Pfizer has appealed the Second Circuit’s decision to the Supreme Court. Pfizer challenged the OIG’s interpretation as contrary to law in a lawsuit brought in the Southern District of NewYork (SDNY).
The law further states “The duty to notify a person or agency under this section is met if a person notifies or attempts to provide such notice by telephone or any other means as soon as reasonably possible.”. I am unaware of such a law in Pennsylvania, but these laws are rarely enforced. The language of this Court in Brown v.
” and Morrison responded “I was trying to see – I was being called by NewYork going, maybe these are the people you need to follow, but I don’t know, I was trying to –” The officer then interrupts and asks directly “You were trying to what?” “NewYork told you to follow a vehicle?”
Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts.
Smith (1990) , the Supreme Court rejected the claim of exemption of tribes from the federal criminal prohibition on the sue of peyote from the general application of its criminallaws. Mayes (1896) where the Court declined to apply individual rights protections to a tribal proceeding. Conversely, in Morton v.
It evidently has not stopped claimants from seeking enforcement of punitive damage awards in other civil law legal systems. Rademacher then analysed whether punitive elements could be found in German tort law. She pointed out that although parliament abolished punitive damages in certain areas of law (e.g.
In a case reminiscent of the two NewYork lawyers convicted of firebombing a police vehicle, a lawyer for the Southern Poverty Law Center (SPLC) was arrested for possible domestic terrorism in targeting a police training center in Atlanta.
As cities like NewYork enforce vaccine mandates, many of us have raised concerns over the logistics in using bars and restaurants as the gatekeepers for vaccine enforcement. In addition, if real enforcement leads to hundreds of thousands of arrests, courts are likely to reflect the ubiquitous violations as reason to lower sentences.
Ashley’s a member and mentor, as you heard, of the Alberta Association of Professional Paralegals and an associate member of the Edmonton Law Office Managers Association. This is what she wrote: Ann, I’ve been an avid listener of your podcast and attended a Lunch Learn a long time ago when you were based out of NewYork.
The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in NewYork Times v. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. This issue was addressed in Ollman v.
Share Less than a week before the justices are scheduled to hear argument in a high-profile gun-rights case, the court added another dispute involving firearms to its docket for the 2023-24 term. The rule directed anyone who owned or possessed a bump stock to destroy them or drop them at a nearby ATF office to avoid facing criminal penalties.
“Trump’s Immunity Claim Joins His Plans to Increase Executive Power; The former president is asking the Supreme Court to put the presidency above criminallaw as he pursues a broader agenda of expanding the office’s power should he win the election”: Charlie Savage of The NewYork Times has this news analysis.
Judge Ellen Biden of the NewYork County Supreme Court Thursday dismissed the convictions of Muhammad A. Aziz and the late Khalil Islam, two of the three men convicted of the 1965 assassination of Malcolm X. Manhattan District Attorney Cyrus R.
We previously discussed the cases of attorneys Colinford Mattis and Urooj Rahman, who were accused of throwing a Molotov cocktail into an occupied police vehicle in NewYork. The United States Court of Appeals for the Second Circuit reversed Judge Brodie and the two attorneys were sent back to jail. Magistrate Judge Steven Gold.
Indeed, many watching the trial were surprised by the sharp disconnect between what they had seen on the case in the media and what was being presented in court. If a court finds such a status, he would be subject to a higher standard of proof under NewYork Times v. Reader’s Digest Association , 443 U.S. 157, 168 (1979).
NewYork City’s council voted to end the practice, and President Biden is pushing for the U.S. A similar question could face a court if, as expected, Seattle claims it cannot be sued over deaths caused by Durkan’s decision to abandon the CHOP area. In 1855, the Supreme Court ruled in South v. They are not alone.
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