Articles Posted in Criminal Law and Justice

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Update from the Lexis Alert Service,

July 16, 2009:

1. People v. Ross, 678, 4397/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4164; 62 A.D.3d 619; 2009 N.Y. App. Div. LEXIS 4042, May 28, 2009, Decided, May 28, 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 (A. Kirke Bartley, …

2. People v. Boateng, 668, 380/06, 668A, 2434/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4157; 62 A.D.3d 614; 2009 N.Y. App. Div. LEXIS 4052, May 28, 2009, Decided, May 28, 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 (Maxwell Wiley, J.), …

3. People v. Glover, 109, 876/04, 110, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4168; 62 A.D.3d 626; 2009 N.Y. App. Div. LEXIS 4053, May 28, 2009, Decided, May 28, 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 (Micki A. Scherer, …

4. People v. Frederick, 663, 6348/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4155; 62 A.D.3d 612; 2009 N.Y. App. Div. LEXIS 4041, May 28, 2009, Decided, May 28, 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 (Ronald A. Zweibel, …

5. People v. Manrique, 674, 1575/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4162; 62 A.D.3d 617; 880 N.Y.S.2d 51; 2009 N.Y. App. Div. LEXIS 4050, May 28, 2009, Decided, May 28, 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 D. Goldberg, …

6. People v. Hogans, 654, 1437/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4118; 62 A.D.3d 595; 878 N.Y.S.2d 890; 2009 N.Y. App. Div. LEXIS 3988, May 26, 2009, Decided, May 26, 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 (Lewis Bart Stone, …

7. People v. Nevarez, 630, 630A, 3633/06, 6046/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4104; 62 A.D.3d 585; 878 N.Y.S.2d 888; 2009 N.Y. App. Div. LEXIS 3992, May 26, 2009, Decided, May 26, 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 (Edward J. McLaughlin, …
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David Badertscher
Legal experts and prosecutors are quite concerned about possible results of the June 25, 2009 U.S. Supreme Court decision Melendez-Diaz v. Massachusetts 07-591. In this decision the Court has ruled that forensic analysts conducting tests must be in court to testify about their test results and that lab sheets that identify a substance as a narcotic, or breath test printouts describing a suspect’s blood-alcohol level are no longer to be considered as sufficient evidence. A person is now required to be in court to talk about the test results. The basic question the Supreme Court addressed in this opinion was: “Is a state forensic analyst’s laboratory report prepared for use in a criminal prosecution “testimonial” evidence subject to the demands of the Sixth Amendment’s Confrontation Clause as set forth in Crawford v. Washington?”* In its ruling the Supreme Court answered, yes.
_________________________ *The above quote was taken from discussion of this opinion in the U.S. Supreme Court Oyez website at. http://www.oyez.org/cases/2000-2009/2008/2008_07_591 . This site also includes links to the text of the opinion as well at to the Syllabus, dissent, concurrance, and argument. For additional information see discussion in a July 15, 2009 Washington Post article by Tom Jackman, and follow the link on the U.S. Supreme Court website.

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BY KAT SANDERS*

It’s easier to solve crime today than it was 50 years ago, because of the advances that have been made in the field of science, or to be more specific, forensic science. In fact, new and innovative crime solving techniques are being introduced by the day to help law enforcement officers solve cases that are baffling at first. If we took a long and hard look at the role that forensics play in the fields of criminal law and justice, we would see how important it is in solving crime because:

It helps establish the nature of the crime: There are some crimes that are accidents and others that are by design. Looking at the evidence through a forensic microscope allows cops and others in the law enforcement area to determine if the crime was a murder, suicide or other form of accidental death. In the case of a murder, forensic evidence tells them if the crime was accidental or carried out in cold blood. Forensic science is also used to investigate and solve burglaries, drug offenses, arsons and automobile accidents.

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Search run on West Thomson Website on July 14, 2009.

NEW PUBLICATIONS:

Crown Court Index, 2009, 29th

NEW This work provides an index of common penalties and formalities in cases tried on indictment…
Release Date: 6/29/2009

Witness Preparation and Examination for DUI Proceedings: Leading Lawyers on Developing Questioning Strategies, Gathering…

NEW This Aspatore product provides the best practices for gathering witness testimony and…
Release Date: 6/25/2009 $100.00

Archbold International Criminal Courts Practice, Procedure and Evidence, 3d

NEW This is a comprehensive, nuts-and-bolts manual to handle matters before the International…
Release Date: 8/1/2009

For more information click here.

RECENTLY UPDATED EDITIONS:

Pennsylvania Rules of Court, State & Federal, 2009 Revised ed.

NEW This set contains Pennsylvania state and federal civil, criminal, appellate procedure,…
Last Updated: 7/24/2009 $97.00

The Georgia DUI Trial Practice Manual, 2009 ed.

NEW Gain strategic advice, trial guidance, and discovery techniques for DUI matters, including a…
Last Updated: 6/12/2009 $173.00

Search and Seizure Checklists, 2009 ed.

NEW Quick-reference guide provides instant access to the latest developments in the field of…
Last Updated: 6/12/2009 $539.00

Daniel’s Georgia Handbook on Criminal Evidence, 2009 ed.

NEW Gives you a practical guide to the law of evidence in Georgia in criminal cases.
Last Updated: 6/19/2009 $245.00 Continue reading

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

July 6-10, 2009.

U.S. 1st Circuit Court of Appeals, July 08, 2009 US v. Meadows, No. 08-1122 Conviction for firearms possession is affirmed where: 1) the district court properly denied defendant’s motion to suppress as the officers acted within the permissible scope of an investigatory stop when they handcuffed defendant and removed him from his sister’s home; 2) the court did not err in its handling of defendant’s status as a felon during trial as defendant was not unfairly prejudiced by any information about his criminal history that came before the jury; 3) the government did not err in the challenged statements it made during its closing summation; and 4) the government did not err in its instructions to the jury.

U.S. 1st Circuit Court of Appeals, July 08, 2009 US v. Bryant , No. 08-1160 Conviction and sentence for drug crimes is affirmed in part and reversed in part where: 1) the district court erred in not requiring the government to show that the presentence report’s description of the prior New York conviction was based on a sufficiently reliable source to establish the accuracy of that description, and thus the government could not have met its burden of establishing the existence of the prior conviction for sentencing enhancement purposes; 2) the court did not err in finding that a certified copy of the record from the Suffolk Superior Court was sufficiently reliable to support the fact of defendant’s Suffolk Superior Court conviction for sentencing enhancement purposes; 3) both of the defendant’s prior convictions, if proven, qualify as a predicate offenses under U.S.S.G. sec. 4B1.2; and 4) the court did not err in considering the two transactions as part of the same course of conduct for purposes of sentencing.

U.S. 2nd Circuit Court of Appeals, July 06, 2009 Pilgrim v. Luther, No. 07-1950 In a prisoner civil rights action, district court’s grant of summary judgment for defendant is affirmed where: 1) plaintiff’s First Amendment retaliation claim fails as a matter of law as entreaties to activity such as petitions protesting prison conditions are not entitled to First Amendment protection where other less disruptive means of airing grievances are available; and 2) plaintiff’s claims that defendant violated his due process rights are without merit as any error on the part of the corrections officer assigned to assisting plaintiff was harmless in light of defendant’s owns failures.
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Update from the Lexis Alert Service,

June 23, 2009:.

1. People v. Perez, 843, 5734/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4972; 2009 N.Y. App. Div. LEXIS 4899, June 18, 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 (Charles Solomon, J.), …

2. People v. Pereyra, 850, 579/08, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4975; 2009 N.Y. App. Div. LEXIS 4891, June 18, 2009, Decided, June 18, 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, …

3. People v. Fields, 852, 4782/02, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4977; 2009 N.Y. App. Div. LEXIS 4894, June 18, 2009, Decided, June 18, 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 (John Cataldo, J.
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Below are Highlights of the ABA Criminal Justice Section 2009 Annual Meeting program schedule for Chicago, July 30 – August 2. Presentations include a wide range of programs of interest to children’s attorneys to white collar practitioners.

Highlights include:

Presidential Showcase Programs

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

June 15-19, 2009.

U.S. Supreme Court, June 15, 2009 Nijhawan v. Holder, No. 08–495 Petitioner’s removal from the U.S. based on his commission of an “aggravated felony” is affirmed, where the $10,000 threshold in 8 U.S.C. section 1101(a)(43)(M)(i) refers to the particular circumstances in which an offender committed a fraud or deceit crime on a particular occasion, rather than to an element of the fraud or deceit crime.

U.S. Supreme Court, June 18, 2009 District Atty.’s Offc. v. Osborne, No. 08–6 In a 42 U.S.C. section 1983 action seeking the evidence used to convict Defendant of sexual assault for the purposes of DNA testing, summary judgment for Plaintiff is reversed where, assuming Plaintiff’s claims could be pursued using Section 1983, he had no constitutional right to obtain post-conviction access to the State’s evidence for DNA testing.

U.S. Supreme Court, June 18, 2009 Yeager v. US, No. 08–67 In an appeal from the District Court’s order denying Defendant’s motion to dismiss his wire fraud indictment on Double Jeopardy grounds, the order is reversed where an apparent inconsistency between a jury’s verdict of acquittal on some counts and its failure to return a verdict on other counts does not affect the acquittals’ preclusive force under the Double Jeopardy Clause.
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