Articles Posted in Court Decisions

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Update from the Lexis Alert Service,

March 24, 2009.

1. People v. Mynin, 5138, 4387/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 455; 58 A.D.3d 581; 872 N.Y.S.2d 50; 2009 N.Y. App. Div. LEXIS 460, January 29, 2009, Decided, January 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.
The People of the State …
Judgment, Supreme Court, New York County (Michael J. Obus, …

2. People v. Cabassa, 5141, 11646/91, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 457; 58 A.D.3d 583; 872 N.Y.S.2d 687; 2009 N.Y. App. Div. LEXIS 473, January 29, 2009, Decided, 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 of resentence, Supreme Court, New York County (John Cataldo, J.), …

3. People v. Gutierrez, 5125, 5600/99, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 449; 58 A.D.3d 577; 872 N.Y.S.2d 687; 2009 N.Y. App. Div. LEXIS 453, January 29, 2009, Decided, 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 Cocker Snyder, …

4. People v. Burnside, 5114, 4183/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 433; 58 A.D.3d 551; 870 N.Y.S.2d 911; 2009 N.Y. App. Div. LEXIS 429, January 27, 2009, Decided, January 27, 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 (Gerald Harris, J.), ..
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Many thanks to Kathy Carlson*, Wyoming State Library, for sending the following about the recent Montana court order on universal citation:

“I need to watch for the publication of Wyoming Rule changes in the Pacific advance sheets, today I noticed a rule change in Montana regarding the universal citation was issued on January 22nd. I went to the Montana Supreme Court website and found a copy of the order under the tab Orders if anyone is interested. The new order simplifies the pinpoint citation process [no longer a need to repeat the paragraph numbers in parallel cites”

http://fnweb1.isd.doa.state.mt.us/idmws/docContent.dll?Library=CISDOCSVR01^doaisd510&ID=003807381

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

March 9 – 13, 2009:

U.S. Supreme Court, March 09, 2009 Vermont v. Brillon, No. 08-88 The Vermont Supreme Court’s reversal of Defendant’s domestic violence conviction is reversed, where the Vermont Supreme Court held that delays attributable to Defendant’s assigned counsel denied Defendant a speedy trial, but assigned counsel, just as retained counsel, act on behalf of their clients, and delays sought by counsel are ordinarily attributable to the defendants they represent.

U.S. 1st Circuit Court of Appeals, March 12, 2009 US v. Rivera-Maldonado , No. 07-1426
Judgment against defendant for possession of child pornography is vacated where: 1) in plain error, the magistrate judge relied on the plea agreement and erroneously told defendant that the maximum possible period of supervised release was three years, and did not inform defendant that he could be sentenced to lifetime supervised release; 2) the error affected defendant’s substantial rights as he has shown a reasonable probability that he would not have entered the guilty plea if he understood that it would lead to a lifetime of supervised release; and 3) the error seriously affected the fairness, integrity, or public reputation of judicial proceedings. Case is remanded with instructions that defendant be permitted to withdraw his guilty plea.

U.S. 1st Circuit Court of Appeals, March 12, 2009 US v. Arbour, No. 07-1979
Sentence for drug and firearms offenses is affirmed where the district court did not commit clear error in holding that defendant was involved in a criminal activity that was extensive and that he qualified as a leader or organizer of the criminal activity, thereby invoking an increase in his offense level under the Sentencing Guidelines.
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To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

March 9 – 13, 2009:

U.S. 3rd Circuit Court of Appeals, March 10, 2009 Fontroy v. Beard, No. 07-2446 In an action involving the First Amendment rights of prisoners, district court’s judgment is reversed where the defendant’s new prison mail policy requiring attorneys and courts to affix control numbers to mail sent to inmates is reasonably related to legitimate penological interests and thus does not unconstitutionally infringe on First Amendment rights, as there is a rational connection between the mail policy and the prison’s interest in prison security and safety.

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Update from the Lexis Alert Service,

March 16, 2009.

1. People v. Casanova, 89/06, 54, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1850; 2009 N.Y. App. Div. LEXIS 1698, March 12, 2009, Decided, March 12, 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 …
… appeals from a judgment of the Supreme Court, New York County (Bruce Allen, J.), …
… People v Crimmins, 36 NY2d 230 [1975]). Accordingly, the judgment of the Supreme Court, New York County (Bruce Allen, J.), …
… Squib inserted here: Judgment, Supreme Court, New York County (Bruce Allen, J.), …

2. People v. Monroe, 4727, 1389/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1830; 2009 N.Y. App. Div. LEXIS 1799, March 12, 2009, Decided, March 12, 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 (James A. Yates, …

3. People v. Velez, 4741, 6382/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1831; 2009 N.Y. App. Div. LEXIS 1779, March 12, 2009, Decided, March 12, 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 (James A. Yates, …

4. People v. Bennett, 5258, 5259, 5260, 1247/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1834; 2009 N.Y. App. Div. LEXIS 1805, March 12, 2009, Decided, March 12, 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, …

5. People v. La Rosa, 47, 3687/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1842; 2009 N.Y. App. Div. LEXIS 1781, March 12, 2009, Decided, 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 (Michael R. Ambrecht, …
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From the American Bar Association Criminal Justice Section: http://www.abanet.org/crimjust

I”n a case arising from a felony domestic assault and habitual offender charges, where the defendant had at least six different appointed attorneys between the time of his arrest and his trial, the trial court denied the defendant’s motion to dismiss for want of a speedy trial. The Vermont Supreme Court, however, reversed, holding that the conviction must be vacated, and the charges dismissed, because the State did not accord a speedy trial as is required by the Sixth Amendment. The Supreme Court held that The Vermont Supreme Court erred in ranking assigned counsel essentially as state actors in the criminal justice system, stating that assigned counsel, just as retained counsel, act on behalf of their clients, and, in the absence of institutional breakdowns of the public defender system, delays sought by counsel are ordinarily attributable to the defendants they represent.”

The full opinion can be accessed at http://topics.law.cornell.edu/supct/cert/08-88

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Update from the Lexis Alert Service,

March 6, 2009.

1. People v. Malave, 5407, 43/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1529; 2009 N.Y. App. Div. LEXIS 1503, March 3, 2009, Decided, March 3, 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 (Edward J. McLaughlin, …

2. People v. Caldwell, 5411, 5645/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1532; 2009 N.Y. App. Div. LEXIS 1507, March 3, 2009, Decided, March 3, 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 (Michael J. Obus, …

3. People v. Ramirez, 5415, 5415A, 3426/05, 364/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1535; 2009 N.Y. App. Div. LEXIS 1502, March 3, 2009, Decided, March 3, 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 …
Judgments, Supreme Court, New York County (Arlene R. Silverman, …

4. People v. Rush, 5412, 6099/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1533; 2009 N.Y. App. Div. LEXIS 1501, March 3, 2009, Decided, 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.), …

5. People v. Richiez, 5421, 3431/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1540; 2009 N.Y. App. Div. LEXIS 1511, March 3, 2009, Decided, 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 (Michael R. Ambrecht, …
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From the ABA Criminal Justice Section: http://www.abanet.org/crimjust

United States v. Hayes (No. 07-608)

“The court released an opinion regarding the prohibition on possession of a firearm by convicted felons to include persons convicted of a misdemeanor crime of domestic violence. Police officers discovered a rifle in respondent Hayes’s home. Hayes was charged with possessing firearms after having been convicted of a misdemeanor crime of domestic violence. He was previously convicted for battery in 1994 against his then-wife. Hayes moved to dismiss the indictment on the ground that his past conviction did not qualify as a predicate offense because West Virginia’s generic battery law did not designate a domestic relationship between aggressor and victim as an element of the offense. When the District Court denied the motion, Hayes entered a conditional guilty plea and appealed. The Fourth Circuit reversed, holding that a §922(g)(9) predicate offense must have as an element a domestic relationship between offender and victim.”

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