Court Decisions

December 1, 2008

New York Supreme Court Appellate Division First Department Cases Originating from the New York Supreme Court NY County. November 25, 2008.

Update from the Lexis Alert Service, Search run morning of November 25, 2008.

1. People v. Cabral, 4306, 5023/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7952; 55 A.D.3d 399; 865 N.Y.S.2d 588; 2008 N.Y. App. Div. LEXIS 7803, October 21, 2008, 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 …

November 24, 2008

New York Appellate Division First Department Criminal Cases Originating from the New York Supreme Court NY County

by David Badertscher

Update from the Lexis Alert Service, Search run morning of November 24, 2008.

1. People v. Richline, 4610, 3018/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9163; 2008 N.Y. App. Div. LEXIS 8657, November 20, 2008, 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 …

November 21, 2008

New York Supreme Court Appellate Division First Department Criminal Cases Originating from the NY Supreme Court NY County. November 21, 2008.

by David Badertscher

Update from the Lexis Alert Service, Search run morning of November 21, 2008.

1. People v. Witt, 4577, 1458/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 8984; 2008 N.Y. App. Div. LEXIS 8555, November 18, 2008, Decided, November 18, 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 …

November 20, 2008

New York Supreme Court Appellate Division First Department Criminal Cases Originating from the NY Supreme Court NY County. November 20, 2008.

by David Badertscher

Update from the Lexis Alert Service, Search run morning of November 20, 2008.

1. People v. Brightley, 4223, 14385/89, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 8970; 2008 N.Y. App. Div. LEXIS 8531, November 18, 2008, Decided, November 18, 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 …

November 17, 2008

New York Appellate Division First Department Criminal Cases Originating from the NY Supreme Court NY County

by David Badertscher

Update from the Lexis Alert Service, Search run morning of November 17, 2008.

1. People v. Burwell, 4553, 6368/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 8547; 2008 N.Y. App. Div. LEXIS 8384, November 13, 2008, Decided, November 13, 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 …

November 17, 2008

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

by David Badertscher

November 10 – 14, 2008.

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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.

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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 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

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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

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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.