David Badertscher* A giant of New York politics and law enforcement recently retired from public office– Robert Morgenthau. Scion to a powerful family, Robert Morgenthau’s grandfather served as United States Ambassador to the Ottoman Empire, and his father was Secretary of the Treasury under Franklin Delano Roosevelt. While his famous…
January 11, 2010 No. 08-809. The defendant, Troy Brown, had alleged on appeal that the state mischaracterized the probability that his DNA matched that of someone in the general population. He also claimed that a prosecution expert had misstated the chances of a DNA match between himself and his two…
What recourse does a criminal defense defense attorney have if he or she learns a client has committed a crime ascribed to someone else? On the one hand, as Ken Strutin writes in his article “Wrongful Convictions and Attorney-Client Confidentiality” published at LLRX.COM, “When an innocent person faces conviction, imprisonment,…
December-28, 2009 – January 1, 2010 To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw. U.S. 1st Circuit Court of Appeals, December 28, 2009 US v. Dyer, No. 08-1343 Sentence on a defendant convicted of possessing child pornography is affirmed where:…
December-14-18, 2009. To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw. ——————————————————————————– U.S. 1st Circuit Court of Appeals, December 14, 2009 US v. Giggy, No. 09-1542 In a case involving the sentence of a defendant for maliciously destroying by fire a…
December 21, 2009. Update from the Lexis Alert Service, 1. People v Hayes, 1802, 4897/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 9399; 2009 N.Y. App. Div. LEXIS 9207, December 17, 2009, Decided, December 17, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS…
A report prepared by New York Governor David Paterson’s Task Force on Transforming Juvenile Justice released in December 2009. It “shines a harsh light” on the problems in New York’s prisons for juvenile offenders According to this Report, ” the problems are so acute that the state agency overseeing the…
December 14, 2009. Update from the Lexis Alert Service, 1. People v Padilla, 1712, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 9144; 2009 N.Y. App. Div. LEXIS 8976, December 10, 2009, Decided, December 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT…
-December-7-11, 2009. To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw. U.S. Supreme Court, December 07, 2009 Michigan v. Fisher, No. 09–91 In an assault prosecution, grant of petitioner’s motion to suppress evidence that he pointed a rifle at an officer…
A Service from the ABA Criminal Justice Section, http://www.abanet.org/crimjust Michigan v. Jeremy Fisher United States Supreme Court No. 09-91 Decided: December 7, 2009 The United States Supreme Court issued a per curium decision on December 7 regarding a Fourth Amendment case. The case arising out of Michigan involved two police…