Articles Posted in Criminal Law and Justice

October 19, 2009.

Source: LexisNexis
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1. The Daily Record of Rochester (Rochester, NY), October 19, 2009 Monday, COMMENTARY, 687 words, Commentary: Law schools failing their clientele, Nicole Black
… aspirations to start his own criminal defense practice, but  …
… professional and husband of a criminal defense attorney SMungmung: “The  …
2. The Daily Record of Rochester (Rochester, NY), October 19, 2009 Monday, NEWS, 1066 words, Neighborhood Focus: Rochester’s 14621 area, Colleen M. Farrell
… low-income residents and criminal activity, he said. Vacant  …
3. The Daily Record of Rochester (Rochester, NY), October 19, 2009 Monday, NEWS, 714 words, Rivera receives maximum in shooting of Rochester Police Officer Anthony DiPonzio, Elizabeth Stull
… juvenile offender law, Penal Law §70.05, as an  …
… sentencing. The boy was charged with criminal possession of marijuana in the  …
… VIOLENT CRIME (89%); CRIMINAL LAW (89%); JUVENILE  …
… LEGISLATIVE BODIES (89%); CRIMINAL OFFENSES (89%); MURDER ( …
4. The Journal News (Westchester County, New York), October 19, 2009 Monday, NEWS; Pg. NaN, 440 words, Ex-New City couple face fraud charges, Akiko Matsuda
LARCENY & THEFT (90%); INVESTIGATIONS (90%);  …
… 77%); INDICTMENTS (77%); CRIMINAL OFFENSES (77%); GRAND  …
5. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section A; Column 0; Editorial Desk; EDITORIAL; Pg. 26, 370 words, Oh, That Account
… investigation into UBS has led to criminal investigations of scores of taxpayers.  …
6. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section B; Column 0; Business/Financial Desk; LINK BY LINK; Pg. 3, 920 words, Twitter and a Newspaper Untie a Gag Order, By NOAM COHEN
… halls of deliberation — whether a criminal jury’s chambers or an  …
7. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section A; Column 0; Foreign Desk; Pg. 6, 344 words, Party Rift Grows Wider In Zimbabwe, By CELIA W. DUGGER, JOHANNESBURG
… constitution, used its control of the criminal justice system to selectively  …
8. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section A; Column 0; Editorial Desk; EDITORIAL; Pg. 26, 1156 words, Fed Up With Albany
… 89%); ETHICS (89%); CRIMINAL OFFENSES (88%); INVESTIGATIONS ( …
… PUBLIC FINANCE (73%); CRIMINAL CONVICTIONS (73%); LARCENY & THEFT (68%); ARRESTS (68%);  …
9. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section A; Column 0; Foreign Desk; Pg. 4, 996 words, Love of Designer Clothes Adds Flair to Police Corruption Trial in South Africa, By BARRY BEARAK, JOHANNESBURG
… bits of sensitive information that the criminal found useful. The case could be  …
… ACCESSORIES STORES (77%); CRIMINAL CONVICTIONS (75%); INTERNATIONAL  …
INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL) ( …
10. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section C; Column 0; The Arts/Cultural Desk; THEATER REVIEW ‘THE EMPEROR JONES’; Pg. 1, 1260 words, Absolutely Corrupt, By BEN BRANTLEY
… not only of his own criminal past but also of a  …
11. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section B; Column 0; Business/Financial Desk; Pg. 1, 1086 words, Arrest of Hedge Fund Chief Unsettles the Industry, By MICHAEL J. de la MERCED and ZACHERY KOUWE; Ashlee Vance contributed reporting.
… 52, crossed the line into criminal activity.
… status has been suspended. A criminal complaint filed in  …
12. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section A; Column 0; Metropolitan Desk; Pg. 20, 1252 words, Indicting DNA Profiles Now Critical in Old Rape Cases, By AL BAKER; Alain Delaqueriere contributed reporting.
… Michael R. Bloomberg’s criminal justice coordinator. ”They shouldn’t be  …
… like serial car theft. Many states, including  …
… robbery or serial car theft. A $500,000  …
… disappear. The National Association of Criminal Defense Lawyers, in  …
… DNA from all convicted criminals as well as from all arrestees, as is  …
… DNA TESTING (90%); CRIMINAL CONVICTIONS (90%); EVIDENCE ( …
… 89%); FORENSICS (89%); CRIMINAL OFFENSES (89%); ROBBERY ( …
… LAW SCHOOLS (78%); CRIMINAL LAW (77%); ASSAULT &  …
… SENTENCING (77%); LARCENY & THEFT (76%); INVESTIGATIONS (74%);  …
… SENTENCING (72%); VEHICLE THEFT (72%); US STATE  …
13. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section A; Column 0; Foreign Desk; Pg. 4, 929 words, Twin Bombings Kill 5 Commanders of Revolutionary Guards Corps in Iran, By MICHAEL SLACKMAN; Mona El-Naggar contributed reporting from Riyadh, and Nazila Fathi from Toronto., RIYADH, Saudi Arabia
… promised ”that those who committed such criminal and inhuman acts will  …
14. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section A; Column 0; National Desk; AMERICAN ALBUM; Pg. 1, 1047 words, Once Convicts’ Last Hope, Now an Advocate for Students, By JOHN SCHWARTZ, ATLANTA
… CAPITAL PUNISHMENT (89%); CRIMINAL CONVICTIONS (89%); LAWYERS ( …
15. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section A; Column 0; National Desk; Pg. 12, 1131 words, Calling Story of Boy and Balloon a Hoax, a Sheriff Will Seek Felony Charges, By BRIAN STELTER; Joseph Berger and Sheelagh McNeill contributed reporting.
… 89%); CHILDREN (89%); CRIMINAL OFFENSES (89%); TELEVISION  …
16. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section C; Column 0; The Arts/Cultural Desk; ARTS, BRIEFLY; Pg. 2, 92 words, Stage Manager Arrested, By ERIK PIEPENBURG; Compiled by RACHEL LEE HARRIS
ACTORS & ACTRESSES (90%); CRIMINAL OFFENSES (85%); BAIL ( …
17. The New York Times, October 19, 2009 Monday,  Late Edition – Final, Section A; Column 0; Foreign Desk; Pg. 1, 1217 words, Diverse Sources Pour Cash Into Taliban’s War Chest, By ERIC SCHMITT; Carlotta Gall contributed reporting from Kabul, Afghanistan., WASHINGTON
… financing for the Taliban is criminal activity, including kidnappings and  …
18. Newsday (New York), October 19, 2009 Monday,  ALL EDITIONS, NEWS; Pg. A15, 55 words, CORRECTIONS
GUILTY PLEAS (90%); CRIMINAL ASSAULT & BATTERY (90%);  …
19. Newsday (New York), October 19, 2009 Monday,  ALL EDITIONS, NEWS; Pg. A02, 525 words, Killer’s family out of neighborhood; Son convicted in 1989 slaying of Kelly Ann Tinyes; Parents had stayed in house where body was found, BY MATTHEW CHAYES AND REID J. EPSTEIN
… 91%); HOMICIDE (90%); CRIMINAL CONVICTIONS (89%); FAMILY ( …
20. Newsday (New York), October 19, 2009 Monday,  ALL EDITIONS, NEWS; Pg. A03, 650 words, Made-for-TV hoax; Sheriff: Balloon ploy was designed to get reality show; Boy’s parents expected to face felony charges; Probe looking to see if media outlets was involved, BY DAN ELLIOTT. The Associated Press
… 90%); SHERIFFS (89%); CRIMINAL OFFENSES (89%); TELEVISION  …
21. Newsday (New York), October 19, 2009 Monday,  ALL EDITIONS, NEWS; Pg. A34, 144 words, NEW YORK CITY: Witnesses sought in attack on Brooklyn man, SOPHIA CHANG AND ANDREW STRICKLER
POLICE FORCES (90%); CRIMINAL OFFENSES (87%); ARRESTS (73%); CRIMINAL CONVICTIONS (71%)
22. Newsday (New York), October 19, 2009 Monday,  ALL EDITIONS, NEWS; Pg. A09, 974 words, Rape claim’s fallout; False accusations, as in Hofstra case, take a toll; Experts say accused, accusers pay the price, BY ANN GIVENS
… Ndonye would not face criminal charges as long as she gets  …
… former president of the Nassau Criminal Courts Bar Association,  …
… Criticism of Rice’s decision The Criminal Courts Bar Association has  …
… youthful offender status had she been criminally charged with the misdemeanor crime of  …
… men warranted a criminal charge. Watson said she would have  …
… DOMESTIC VIOLENCE (71%); CRIMINAL OFFENSES (69%); COMMUNITY  …
23. Newsday (New York), October 19, 2009 Monday,  ALL EDITIONS, NEWS; Pg. A16, 408 words, SPIN CYCLE: State legislators not in rush to help guv, Dan Janison
… 78%); POLITICS (78%); CRIMINAL CONVICTIONS (78%); CRIMINAL OFFENSES (78%); MEDICAID ( …
24. Newsday (New York), October 19, 2009 Monday,  ALL EDITIONS, NEWS; Pg. A17, 164 words, Man charged in fatal hit-run, BY MATTHEW CHAYES
… POLICE FORCES (77%); CRIMINAL OFFENSES (72%)
25. Poughkeepsie Journal (New York), October 19, 2009 Monday, NEWS; Pg. 1, 794 words, Mom haunted by fatal ’79 hit-and-run, Rasheed Oluwa
… 1 [vehicle one] and the criminal liability that would determine the character of the  …
… John Jay College of Criminal Justice in New  …

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

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.

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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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Occasionally we are asked by lawyers preparing briefs if we would consider posting the final product on this blog. In this instance we are posting an appellant brief for the New York Sourt of Appeals Second Circuit case United States v. Justin K. Dorvee. The brief was prepared by Paul J. Angioletti, attorney for the defendant. We are grateful to Mr. Angioletti for submitting his brief for posting on this blog.

The information immediately below is taken from the introductory sections to give you a quick overview of the issues involved. It is followed by a link to the complete text of the brief, which you can upload.

BRIEF FOR DEFENDANT-APPELLANT JUSTIN K. DORVEE

September 7-11, 2009.

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U.S. 1st Circuit Court of Appeals, September 11, 2009 US v. Bucci, No. 07-2376
Defendant’s sentence, a forfeiture order and convictions for drug trafficking and related crimes is affirmed where: 1) district court did not abuse its discretion in denying defendant discovery in support of his vindictive-prosecution claim; 2) a second superseding indictment was timely filed as defendant did not “engage” in a monetary transaction until the funds were deposited into his account; 3) defendant had no reasonable objective expectation of privacy in the front of his home; 4) officers had probable cause to believe there was evidence of criminal activity in defendant’s vehicle to conduct a search; 5) district court did not abuse its discretion in allowing the government a rebuttal opening statement; 6) district court’s imposition of enhancement did not violate defendant’s Sixth Amendment rights where the court was aware of its discretion to impose a below-guideline sentence and adequately considered defendant’s argument for a below-guideline sentence; and 7) distri! ct court did not plainly err in instructing the jury that “proceeds” meant “gross proceeds” for forfeiture purposes.

U.S. 3rd Circuit Court of Appeals, September 11, 2009 Simmons v. Beard , No. 05-9001 In habeas proceedings arising from defendant’s capital murder conviction, district court’s grant of habeas relief on the ground that the state prosecutors had withheld several pieces of material exculpatory evidence in violation of Brady is affirmed where the cumulative effect of the multiple Brady violations was to undermine confidence in the verdict.

U.S. 3rd Circuit Court of Appeals, September 11, 2009 Massey v. US, No. 09-1665 District court’s denial of pro se defendant’s petition for a writ of audita querela is affirmed as his claim is cognizable under 28 U.S.C. section 2255 and there is no gap to fill in the post-conviction remedies
U.S. 6th Circuit Court of Appeals, September 08, 2009 Ruelas v. Wolfenbarger, No. 08-1571 In a murder prosecution, the district court’s grant of a habeas petition is reversed where, even assuming state courts unreasonably applied federal law in determining that petitioner’s guilty plea was not improper, the inquiry became whether the failure to consider manslaughter “had a substantial and injurious effect or influence” on the determination that he was guilty of second-degree murder, and it did not have such an effect.

U.S. 6th Circuit Court of Appeals, September 08, 2009 US v. Dyer, No. 08-5671 In a drug prosecution, a denial of defendant’s motion to suppress evidence is affirmed where: 1) an affidavit in support of the search warrant established the reliability of the police’s informant; and 2) there were sufficient indicia of reliability without substantial independent police corroboration.
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http://www.llrx.com/columns/govdomain42.htm

With the 111th Congress of the United States reconvening on September 8th, e-gov expert Peggy Garvin highlights new tools and sources that enhance and expand your ability to track and monitor the action.

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