Criminal Law Library Blog

November 17, 2008

Findlaw Case Law Summaries: Constitutional Law. November 10 – 14, 2008.

November 10 – 14, 2008.

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 10, 2008 Giragosian v. Ryan, No. 081067 In a claim by plaintiff gun shop owner against chief of police and town for revocation and forfeiture of plaintiff’s licenses to carry and sell firearms, defendants’ motion to dismiss is affirmed where: 1) plaintiff’s section 1983 claims against defendants are barred by the doctrine of res judicata on the basis of claim preclusion; and 2) the district court did not improperly convert plaintiff’s motion to dismiss into a motion for summary judgment.

November 17, 2008

Findlaw Case Summaries: Criminal Law and Procedure 3

by David Badertscher

November 10 – 14, 2008.

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

U.S. 2nd Circuit Court of Appeals, November 10, 2008 US v. Lopez, No. 063730p.pdf Conviction for possession of cocaine with intent to distribute and possession of two firearms in furtherance of a drug trafficking crime is affirmed where: 1) the district court did not err in admitting evidence seized from the inventory search of defendant’s car; and 2) the district court did not err in admitting expert testimony by a narcotics detective that cocaine and cutting materials found in defendant’s car were evidence of distribution

November 17, 2008

ABA Journal Weekly Newsletter. November 14, 2008.

by David Badertscher

For week ending November 14, 2008.

Job Announcement: Court Administrator

by David Badertscher

The Reno Nevada Justice Court is recruiting for the position of Court Administrator.

November 13, 2008

New York Mid Year Financial Plan Update: 2008-2009 Through 2011-2012

by David Badertscher

October 28 2008

FROM THE INTRODUCTION:

This Mid-Year Financial Plan (the “Mid-Year Financial Plan”) revises the State’s fiscal projections for the 2008-09 through 2011-12 fiscal years that were set forth in the First Quarterly Update to the Financial Plan (the “First Quarterly Update”) dated July 30, 2008. The revised Plan reflects (a) updated estimates of receipts and disbursements based on DOB’s1 revised economic forecasts for the nation and State, operating results through the first six months of fiscal year 2008-09, and a comprehensive review of factors affecting the long-term current-services forecast; (b) the estimated impact of cost-saving measures approved by the Governor and Legislature in August 2008, after the issuance of the First Quarterly Update; and (c) the status of actions to reduce State operations spending that were instituted earlier in the fiscal year.

November 13, 2008

Publication Announcements: Electronic HeinCites 35-08

by David Badertscher

November 6, 2008.

National Moot Court Competition

“For the first time, William S. Hein & Co., Inc. is offering the winning records, briefs and related organizational materials from the 1st-58th annual National Moot Court Competition in digital format in HeinOnline! The Young Lawyers Committee and the Association of the Bar of the City of New York sponsor the national competition each year to enable law students throughout the United States to match their abilities as appellate advocates against one another and bring together law students, practicing lawyers, legal scholars and judges to exchange ideas and attitudes and to compare notes. It’s not a coincidence that the winning teams subscribe – don’t sell your tea m short!”

November 13, 2008

Findlaw Case Summaries: Second Circuit U.S. Court of Appeals 1

by David Badertscher

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ADMIRALTY, INTERNATIONAL TRADE, TRANSPORTATION

Rexroth Hydraudyne B.V. v. Ocean World Lines, Inc., No. 071207

November 13, 2008

Findlaw Case Summaries: Constitutional Law, November 3-7, 2008

by David Badertscher

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 05, 2008 Parker v. Gerrish, No. 081045 In a claim that defendant-police officer violated plaintiff’s constitutional rights by using his Taser during the course of arrest, verdict in favor of plaintiff and compensatory damage award of $111,000, are affirmed over claims of error that: 1) defendant was entitled to qualified immunity; and 2) the district court’s answer to a jury was responsible for an inappropriate damages award.

U.S. 7th Circuit Court of Appeals, November 07, 2008 Choose Life Illinois, Inc. v. White, No. 07-1349 In a suit by an interest group seeking on First Amendment grounds to force the state of Illinois to issue “Choose Life” specialty license plates, judgment in favor of plaintiffs is reversed where: 1) specialty license plates implicate the speech rights of private speakers, not government speech; 2) specialty plates are a nonpublic forum; and 3) the state could enforce a content-based but viewpoint-neutral ban disallowing any abortion-related message, whether pro-life or pro-choice, to be displayed on its license plates.

November 13, 2008

Findlaw Case Summaries: Criminal Law and Procedure November 3-7, 2008

by David Badertscher

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 05, 2008 US v. Ford, No. 072613 Conviction for being a felon-in-possession of a handgun and denial of defendant’s motion to suppress evidence are affirmed over a claim that the district court erred in denying defendant’s motion to suppress a firearm found on his person because it was obtained during an unconstitutional search and seizure. ..

U.S. 1st Circuit Court of Appeals, November 05, 2008 Parker v. Gerrish, No. 081045 In a claim that defendant-police officer violated plaintiff’s constitutional rights by using his Taser during the course of arrest, verdict in favor of plaintiff and compensatory damage award of $111,000, are affirmed over claims of error that: 1) defendant was entitled to qualified immunity; and 2) the district court’s answer to a jury was responsible for an inappropriate damages award.

November 13, 2008

New York Supreme Court Appellate Division Criminal Cases Originating form the NY Supreme Court NY County

by David Badertscher

Update from the Lexis Alert Service, Search run morning of November 12, 2008.

1. People v. Washington, 4474, 3958/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 8406; 2008 N.Y. App. Div. LEXIS 8242, November 6, 2008, Decided, November 6, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.

The People of the State …