November 30-December-4, 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, November 30, 2009 Porter v. McCollum, No. 08–10537 In capital habeas proceedings, circuit court’s order reversing a district court’s grant of a habeas petition is reversed…
GungaWeb is an online tool that assists analysis of New York criminal cases with respect to sentencing, lesser included offenses, plea bargaining restrictions, charging and offense elements. Detailed sentencing reports for all Penal Law offenses plus DWI and,now for 2009, Aggravated Unlicensed Operation of a Motor Vehicle (VTL511). Dynamic detailed…
CLLB Abstract Prepared by Michael Chernicoff http://blogs.sciencemag.org/scienceinsider/2009/11/fmri-evidence-u.html The defense lawyer for Brian Dugan, an Illinois man convicted of raping and killing a 10-year-old girl, used fMRI brain scans as evidence during the sentencing phase of his trial show that their client should be spared the death penalty because he has…
CLLB Abstract prepared by Michael Chernicoff Does Bringing a Terrorist Suspect From Gitmo to New York Confer Any More Legal Rights? http://volokh.com/2009/11/20/does-bringing-a-terrorist-suspect-from-gitmo-to-new-york-confer-any-more-legal-rights/ If Kahlid Sheikh Mohammed is transferred from Gitmo to New York, would this allow him different immigrant status or create constitutional rights, such as Fourth Amendment, Fifth Amendment,…
November 23-27, 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, November 25, 2009 US v. Gonzalez-Velez, No. 07-2277 Defendant’s sentence of 135-months’ imprisonment after being convicted of participating in a conspiracy to…
November 26, 2009. Update from the Lexis Alert Service, 1. People v Johnson, 1541, 1748/99, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8682; 2009 N.Y. App. Div. LEXIS 8510, November 24, 2009, Decided, November 24, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS…
November 18-19, 2009. Update from the Lexis Alert Service, 1. People v Castillo, 1331, 3751/00, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7760; 886 N.Y.S.2d 805; 2009 N.Y. App. Div. LEXIS 7589, October 29, 2009, Decided, October 29, 2009, Entered, THE LEXIS PAGINATION OF…
For week of November 16-20, 2009. PREPARED BY: Michael Chernicoff Weighing Life in Prison of Youths Who Didn’t Kill http://www.nytimes.com/2009/11/08/us/08juveniles.html?_r=1 The Supreme Court will hear appeals from two juvenile offenders serving sentences of life without the possibility of parole. Outside of the consideration of the death penalty, the Supreme court…
Volume 21 Issue 6 November 2009. Table of Contents Sex and Race in the Courtroom: Shifting Gender-Role Attitudes in a Changing World Online and Wired for Justice: Why Jurors Turn to the Internet Jury Research for Settlement: The Price is Right? Guilty but Mentally Ill (GBMI) vs. Not Guilty by…
For week ending November 13, 2009. PREPARED BY: Michael Chernicoff Looser Rules on Sentencing Stir Concerns About Equity http://online.wsj.com/article/SB125738940063830037.html The Supreme Court cases of The United State v. Booker in 2005 (http://origin.www.supremecourtus.gov/qp/04‐00104qp.pdf ) and Cunningham v. California (http://origin.www.supremecourtus.gov/qp/05‐06551qp.pdf), which gave federal judges more flexibility to depart from sentencing guideline, have…