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 SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
November 9-13, 2009.
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U.S. 1st Circuit Court of Appeals, November 12, 2009 Cabral v. US Dep’t of Justice, No. 07-1633 In an appeal arising from an underlying action brought by a nurse practitioner claiming that defendant-sheriff barred plaintiff from a County House of Correction (HOC) for informing the FBI of alleged prisoner abuse at the HOC, denial of defendants’ motions for a new trial and for remittur is affirmed where: 1) there is nothing in the record indicating that the district court abused its discretion in making its pre-trial evidentiary and disclosure rulings; 2) district court’s dismissal of defendants’ action under the Administrative Procedure Act (APA) was proper as there was nothing in the record indicating that agency’s denial of the defendants’ Touhy requests was arbitrary and capricious; 3) the evidence was sufficient to establish that the sheriff engaged in the callous and reckless conduct necessary to support an award of punitive damages; and 4) the award of punitive damages of $250,000 against sheriff was not excessive.
U.S. 2nd Circuit Court of Appeals, November 12, 2009 Wilson v. CIA, No. 07-4244 In a First Amendment action claiming that the CIA was required to allow former employee Valerie Plame Wilson to publish a memoir about her tenure at the agency, summary judgment for defendants is affirmed where: 1) plaintiff, and not the agency, permitted the classified information at issue to be revealed to the public; and 2) further, the public disclosure did not deprive the information of classified status, and the agency demonstrated good reason for adhering to its classification decision. A former CIA agent cannot use her own unauthorized disclosure of classified information to challenge the CIA’s ability to maintain the information as classified.
U.S. 3rd Circuit Court of Appeals, November 12, 2009 Berg v. Obama, No. 08-4340 In one of the so-called “birther” suits challenging Barack Obama’s eligibility to run for and serve as President of the United States based on claims that Obama was born in Kenya and therefore was not a natural born citizen of the United States, dismissal of the action is affirmed where plaintiff lacked standing to bring the suit because he suffered no injury particularized to him Continue reading
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 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.
An Acting Supreme Court Justice in Manhattan dismissed a 1991 murder indictment “with prejudice” yesterday, finding an inmate jailed 18 years to be “actually innocent”.
Justice John A. Cataldo found that the conviction of Fernando Bermudez to have been undermined by flawed identification procedures and the submission of testimony that the prosecution should have been known to be false.
Mr. Bermudez remains in jail for now because of a separate federal drug sale convicrtion that carried a 27 month sentence.
November 12, 2009.
Update from the Lexis Alert Service,
1. People v. Johnson, 9973, 1634/02, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8052; 2009 N.Y. App. Div. LEXIS 7904, November 10, 2009, Decided, November 10, 2009, 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.
October 20, 2009
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1. | People v Tavera, 1178, 2417/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7337; 2009 N.Y. App. Div. LEXIS 7193, October 15, 2009, Decided, October 15, 2009, 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 … … appellant from a judgment of the Supreme Court, New York County (Charles Solomon, J.), … |
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2. | People v. Cochran, 1203, 3466/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7354; 2009 N.Y. App. Div. LEXIS 7217, October 15, 2009, Decided, October 15, 2009, 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 … Judgment, Supreme Court, New York County (Renee A. White, … |
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3. | People v. Ramirez, 1183, 7190/90, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7341; 2009 N.Y. App. Div. LEXIS 7198, October 15, 2009, Decided, October 15, 2009, 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 … Judgment, Supreme Court, New York County (Leslie Crocker Synder, … |
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4. | People v. Miranda, 1179, 3595/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7338; 2009 N.Y. App. Div. LEXIS 7197, October 15, 2009, Decided, October 15, 2009, 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 … Judgment, Supreme Court, New York County (Arlene R. Silverman, … |
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5. | People v Ligon, 1191, 2047/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7345; 2009 N.Y. App. Div. LEXIS 7195, October 15, 2009, Decided, October 15, 2009, 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. CORE TERMS: false name, lv denied, warning, incriminating response, personation, suppression, disclosure, lawfully The People of the State … Judgment, Supreme Court, New York County (Lewis Bart Stone, … |
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6. | People v Black, 1181, 2585/06, 1182, 3121/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7340; 2009 N.Y. App. Div. LEXIS 7212, October 15, 2009, Decided, October 15, 2009, 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. CORE TERMS: robbery, interest of justice, lv denied, identification, sentences, weapon, lineup, aggregate term, unlawfully, jury trial … The People of the State … … Defendant-Appellant. The People of the State … Judgments, Supreme Court, New York County (Edward J. McLaughlin, … |
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7. | People v Feliz, 1171, 5564/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7330; 2009 N.Y. App. Div. LEXIS 7209, October 15, 2009, Decided, October 15, 2009, 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. CORE TERMS: indictment, felony, life imprisonment, punishable, drug laws, criminal sale, controlled substance, life sentences, statutory provisions The People of the State … Judgment, Supreme Court, New York County (Laura A. Ward, … |
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8. | People v. Bryant, 1200, 6821/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7352; 2009 N.Y. App. Div. LEXIS 7218, October 15, 2009, Decided, October 15, 2009, 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 … Judgment, Supreme Court, New York County (Renee A. White, … |
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9. | People v Smith, 1185, 6273/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7342; 2009 N.Y. App. Div. LEXIS 7210, October 15, 2009, Decided, October 15, 2009, 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 … Judgment, Supreme Court, New York County (Maxwell Wiley, J. … |
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10. | People v. Teichman, 1206, 5288/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7355; 2009 N.Y. App. Div. LEXIS 7219, October 15, 2009, Decided, October 15, 2009, 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 … Judgment, Supreme Court, New York County (William A. Wetzel, … |
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11. | People v. Martinez, 1208, 6627/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7357; 2009 N.Y. App. Div. LEXIS 7222, October 15, 2009, Decided, October 15, 2009, 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 … … appellant from a judgment of the Supreme Court, New York County (Michael Ambrecht, J. … |
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12. | People v Bamisile, 1175, 4633/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7334; 2009 N.Y. App. Div. LEXIS 7211, October 15, 2009, Decided, October 15, 2009, 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. CORE TERMS: buttocks, arrestee’s, rectum, cheeks, pants, bag The People of the State … Judgment, Supreme Court, New York County (Rena K. Uviller, … |
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September 28 – October 2, 2009.
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U.S. 1st Circuit Court of Appeals, October 01, 2009 US v. Torres-Oliveras, No. 07-2720
Sentence and conviction of defendant for drug-related crimes is affirmed where: 1) defendant’s appeal waiver is valid, and thus, direct appeal of his conviction and sentence is not permitted under the terms of the waiver to which he assented; 2) district court did not abuse its discretion in denying defendant’s pro se motion for modification of his term of imprisonment as he stipulated to possession with intent to distribute powder cocaine, and the revised guideline regarding crack cocaine possession was simply not applicable; and 3) defendant’s Kimbrough claim is rejected.
U.S. 2nd Circuit Court of Appeals, September 28, 2009 Dunlap v. Burge, No. 07-0592 In a robbery prosecution, grant of petitioner’s habeas petition is reversed where the district court erred in failing to accord the deference required by 28 U.S.C. section 2254(d) to the state court’s evaluation of the pretrial identification procedures used by the police.
U.S. 2nd Circuit Court of Appeals, September 28, 2009 Jova v. Smith, No. 08-2816 In an action by prisoners claiming that defendant prison personnel infringed their right to practice their religion under the Religious Land Use and Institutionalized Persons Act, summary judgment for defendants is affirmed in part where the restrictions imposed on plaintiffs’ practice were justified by powerful security and administrative interests, but reversed in part where defendants did not demonstrate that the religious/meatless alternative menu was the least restrictive means of furthering their compelling administrative interests.
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September 28 – October 2, 2009.
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U.S. 1st Circuit Court of Appeals, September 28, 2009 Chiang v. Skeirik, No. 08-2105
District court’s dismissal of plaintiff’s amended complaint arising from a denial of his petition for a fiancee visa is affirmed where: 1) district court did not err in dismissing plaintiff’s claim that his visa was improperly denied as he failed to state a plausible entitlement to relief; 2) district court did not err in dismissing plaintiff’s Bivens claims as he failed to name any officers in their individual capacities in the first amended complaint and a Bivens claim does not lie against the United States; and 3) district court did not abuse its discretion in denying plaintiff’s motion to file a second amended complaint as it would have been futile. .
U.S. 1st Circuit Court of Appeals, October 01, 2009 Remexcel Managerial Consultants, Inc. v. Arlequin, No. 08-1753
In a political discrimination case against a municipality in Puerto Rico, default judgment against defendants is affirmed where the district court did not abuse its discretion in entering the default judgment for repeated discovery violations, and the law of the case doctrine bars defendants’ attempt to re-argue the adequacy of plaintiffs’ complaint.
U.S. 2nd Circuit Court of Appeals, September 28, 2009 Frontera Resources Azerbaijan Corp. v. State Oil Co. of Azerbaijan, No. 07-1815 In a petition to confirm a Swedish arbitral award against the government of Azerbaijan, dismissal of the petition for lack of jurisdiction is reversed where the district court erred by holding that foreign states and their agents are entitled to rights under the Due Process Clause.
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September 30 – October 2, 2009.
View FindLaw’s new Case Summary Blog for the U.S. 2nd Circuit Court of Appeals
CIVIL PROCEDURE, CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE Roberts v. Babkiewicz, No. 08-3858 In a 42 U.S.C. section 1983 action alleging malicious prosecution, dismissal of the action is reversed where it was unclear that the criminal charge against plaintiff that the state dropped was necessarily related to or arose from the same circumstances as the criminal offense to which plaintiff pleaded guilty, and thus it was unclear under Connecticut law whether the dismissal of the underlying criminal offense resulted in a “favorable termination.” ..
ERISA, LABOR & EMPLOYMENT LAW Ladouceur v. Credit Lyonnais, No. 07-4040 In an ERISA action alleging a breach of fiduciary duty based on changes to an employee benefit plan, summary judgment for defendants is affirmed where oral promises cannot vary the terms of a written ERISA plan.
Update from the Lexis Alert Service,
October 2,2009
1. People v Ferrer, 1096, 2459/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6779; 2009 N.Y. App. Div. LEXIS 6611, October 1, 2009, Decided, October 1, 2009, 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 …
… appellant from a judgment of the Supreme Court, New York County (Renee White, J.), …
2. People v Garcia, 1088, 1093/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6772; 2009 N.Y. App. Div. LEXIS 6612, October 1, 2009, Decided, October 1, 2009, 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 …
Judgment, Supreme Court, New York County (Gregory Carro, J. …
3. People v Rivera, 1093, 314/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6776; 2009 N.Y. App. Div. LEXIS 6615, October 1, 2009, Decided, October 1, 2009, 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 …
Judgment, Supreme Court, New York County (Robert Stolz, J.), …
4. People v Leak, 1085, 6196/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6769; 2009 N.Y. App. Div. LEXIS 6616, October 1, 2009, Decided, October 1, 2009, 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 …
Judgment, Supreme Court, New York County (Richard D. Carruthers, …
5. People v Jameson, 1091, 6630/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6774; 2009 N.Y. App. Div. LEXIS 6621, October 1, 2009, Decided, October 1, 2009, 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 …
Judgment, Supreme Court, New York County (Daniel P. FitzGerald, …
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