On October 1, 2009 I posted an appalant brief for U.S.A v. Justin K. Dorvee on this blog. The Brief was prepared by Paul F. Angioletti, attorney for the defendant-appellant. Mr. Angioletti has now informed me that the Court of Appeals Second Circuit issued an opinion on the Dorvee appeal…
Citing a series of U.S. Supreme Court rulings, including Blakely v. Washington, 542 U.S. 296 (2004), the Court of Appeals for the Second Circuit ruled on March 1 that a New York state statute that permits stiffer sentences for persistent felony offenders violates defendant’s constitutional rights. In the ruling Judge…
Occasionally we are asked by lawyers preparing briefs if we would consider posting the final product on this blog. In this instance we are posting an appellant brief for the New York Sourt of Appeals Second Circuit case United States v. Justin K. Dorvee. The brief was prepared by Paul…
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw. July 8-13, 2009 ADMIRALTY, CORP. GOVERNANCE, CORPORATION & ENTERPRISE LAW, DEBT COLLECTION Transfield ER Cape Ltd. v. Industrial Carriers Inc., No. 09-1733 In a dispute involving a maritime attachment and garnishment against…
Second Circuit U.S. Court of Appeals CONSTITUTIONAL LAW, GOVERNMENT LAW, SANCTIONS Gollomp v. Spitzer, No. 07-0847 District court judgment dismissing plaintiff’s second amended complaint against various state entities and imposing sanctions on his attorneys is affirmed where: 1) the New York State Unified Court System is an arm of the…
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw. June 3-4, 2009. CIVIL PROCEDURE, EDUCATION LAW, INJURY AND TORT LAW O’Connor v. Pierson , No. 07-1758 In an action brought by a public school teacher against a school, alleging various state…
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw. June 1-2, 2009. CRIMINAL LAW & PROCEDURE, SENTENCING US v. Timewell, No. 07-4587 Sentence for drug crimes and making false statements to federal agents is vacated and remanded where the district court…
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw. May 14, 2009. CRIMINAL LAW & PROCEDURE US v. Ness, No. 05-440 Conviction for conspiring to commit three money laundering offenses is reversed where: 1) a reasonable jury could not find beyond…
May 12-13, 2009 To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw. CIVIL PROCEDURE Yakin v. Tyler Hill Corp. , No. 07-5300 District court order enforcing a forum selection clause and remanding the case to state court is affirmed where there…
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw. CRIMINAL LAW & PROCEDURE, SENTENCING US v. Borden , No. 08-1625 Sentence for drug crimes is affirmed where the district court did not abuse its discretion in denying defendant a sentence reduction…