NewYorkCourtWatcher

APRIL 21, 2024

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 New York's Chief Judge increased significantly. A 45% increase over the same 4 months the previous year.

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Calendaring Court Criminal Law Laws 84

JonathanTurley

AUGUST 5, 2021

One of the threats faced by New York 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.

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JonathanTurley

JANUARY 20, 2024

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.

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Attorney Criminal Law Court Laws 64

The Crime Report

JUNE 23, 2021

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: New York Parole System Called ‘Reincarceration Machine’.

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Criminal Law Law School Laws Legal 121

JonathanTurley

FEBRUARY 15, 2022

I am less opposed to the bail as I am to the fact that New York officials cannot maintain a prison with a minimal level of security. ” Rikers has long been in the control of the inmates, particularly criminal gangs. New York officials have let this go on for decades with no accountability.

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Attorney Criminal Law Court Laws 39

JURIST

OCTOBER 16, 2021

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.

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SCOTUSBlog

OCTOBER 5, 2023

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.

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NewYorkCourtWatcher

JULY 10, 2024

As I've explained numerous times on New York Court 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

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Court Criminal Law Laws 57

The Crime Report

JULY 22, 2021

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 New York defendant charged with animal cruelty pleaded guilty to trespassing even though no trespassing was involved.

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NewYorkCourtWatcher

DECEMBER 11, 2023

We previously looked at the increase in cases being heard at New York'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.

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Calendaring Court Criminal Law Laws 62

SCOTUSBlog

FEBRUARY 28, 2022

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.

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NewYorkCourtWatcher

MAY 25, 2024

In Part 1 of this series, we looked at the first 4 months of Rowan Wilson's tenure as New York'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.

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Calendaring Criminal Law Court Laws 62

SCOTUSBlog

APRIL 23, 2023

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.

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JonathanTurley

APRIL 28, 2021

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?”

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NewYorkCourtWatcher

SEPTEMBER 6, 2018

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 New York Court.) Let's return to that June 14 set of decisions by New York's highest Court. And when they don't?

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Court Criminal Law Laws 40

The Estrin Report

MAY 23, 2021

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.

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Law Firm Law Firms Technology Work From Home 130

The Estrin Report

MAY 23, 2021

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.

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Law Firm Law Firms Technology Work From Home 130

JonathanTurley

OCTOBER 27, 2024

This month, there is a new case on the docket after the Supreme Court granted certiorari in Smith & Wesson Brands v. The First Circuit reversed a trial court that dismissed the case, alleging that the American firearms industry is legally responsible for violence in Mexico. Estados Unidos Mexicanos.

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Tort Manufacturing Court Statute 54

NewYorkCourtWatcher

FEBRUARY 14, 2019

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 New York's highest court, as well as by those who have worked there and by those who study it.

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Attorney Court Criminal Law Laws 43

Broadcast Law Blog

MARCH 21, 2017

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.

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NewYorkCourtWatcher

MARCH 27, 2019

In the last post, we looked at two dissents that protested majority decisions at New York'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.)

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Court Criminal Law Laws 41

FDA Law Blog

NOVEMBER 6, 2022

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 New York (SDNY).

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Mens Rea Statute Healthcare Manufacturing 83

JonathanTurley

APRIL 24, 2021

He was finally apprehended in Suffolk County, Long Island, according the New York Post. However the court reportedly released him without bail even though he was arrested after fleeing the scene. The New York Post reports that Newson is a reputed member of the Edgemere Crew gang.

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Court Reporting Court Reporter Lawyer Lawyers 47

Conflict of Laws

MARCH 23, 2024

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.

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Punitive Damages Compensatory Damages Tort Civil Law 59

JonathanTurley

NOVEMBER 24, 2024

And that makes these false police reports regrettably a manifestation of our age of failing to confront the disconnect between the text and history of the Second Amendment and the lazy ahistorical interpretation of this Supreme Court.” This indictment is a valuable addition to deterring a crime that has become all too common.

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Laws Attorney Legal Legal 69

JonathanTurley

OCTOBER 19, 2021

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.

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Tort Misdemeanor Legal Legal 43

JonathanTurley

DECEMBER 2, 2021

” and Morrison responded “I was trying to see – I was being called by New York 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?” “New York told you to follow a vehicle?”

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Freelance Criminal Law Court Laws 47

JonathanTurley

SEPTEMBER 9, 2021

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.

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Tort Court Compensatory Damages Punitive Damages 34

JonathanTurley

JANUARY 3, 2021

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 criminal laws. Mayes (1896) where the Court declined to apply individual rights protections to a tribal proceeding. Conversely, in Morton v.

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Human Resources Construction Government Criminal Law 36

JonathanTurley

AUGUST 20, 2021

As cities like New York 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.

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Misdemeanor Criminal Law Court Laws 46

JonathanTurley

MARCH 7, 2023

In a case reminiscent of the two New York 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.

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Lawyers Lawyer Laws Construction 40

JonathanTurley

JUNE 16, 2021

The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York 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.

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Tort Felony Court Laws 45

SCOTUSBlog

NOVEMBER 3, 2023

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.

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Statute Court Criminal Law Contract 127

JURIST

NOVEMBER 18, 2021

Judge Ellen Biden of the New York 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.

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JonathanTurley

JUNE 5, 2022

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 New York. 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.

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Attorney Lawyer Lawyers Laws 66

The Crime Report

APRIL 8, 2022

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.

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Stare Decisis Lawyers Lawyer Legal 139

Paralegal Bootcamp

NOVEMBER 17, 2023

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 New York.

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