Criminal Law Library BlogTo view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.
March 24-25, 2009
CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
Articles Posted in Criminal Law and Justice
Law Enforcement Case Study: Search and Seizure in Cyberspace
Case Discussed: U.S. v. Wellman, 2009 WL 37184 (S..D W. Va. 2009)
From: Quinlan Law Enforcement E-News*, March 26, 2009.
Search and Seizure in Cyberspace:
New ABA Publication: Criminal Mental Health and Disability Law, Evidence and Testimony: A Comprehensive Reference Manual for Lawyers, Judges and Criminal Justice Professionals
Exaamines in detail the legal relationships that link criminal justice, mental health, and disability discrimination law.
Co-sponsored by ABA Commission on Mental and Physical Disability Law and the ABA Criminal Justice Section _____________________________
New York Appellate Criminal Cases Originating from the New York Supreme Court NY County – LexisNexis. March 25, 2009.
Update from the Lexis Alert Service,
March 25, 2009.
1. People v. Rivers, 1636, 3191/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 298; 58 A.D.3d 529; 870 N.Y.S.2d 790; 2009 N.Y. App. Div. LEXIS 272, January 22, 2009, Decided, January 22, 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.
Comparative Criminal Procedure: A Select Bibliography
BY LYONETTE LOUIS-JACQUES Foreign Law Librarian and Lecturer in Law at the University of Chicago D’Angelo Law Library Published by GlobaLex June/July 2007
From the Introduction:
“This bibliography lists selected English-language resources on comparative criminal procedure. It focuses on journal articles, book chapters, and treatises covering comparative criminal procedure generally, criminal procedure in multiple jurisdictions, and specialized research topics in comparative criminal procedure such as: arrest, pre-trial detention, interrogation, right to counsel, legal assistance for indigent defendants, discovery, plea bargaining, trial by jury, the privilege against self-incrimination, inquisitorial versus accusatorial systems, role of prosecutors, judges and defense attorneys, cross-examination, exclusionary rules, sentencing, death penalty, criminal appeals, and double jeopardy. “
New York Appellate Criminal Cases Originating from the New York Supreme Court NY County – Lexis-Nexis. March 24, 2009. 21
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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Findlaw Case Summaries: Criminal Law and Porcedure
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.
March 16 – 20, 2009:
U.S. 1st Circuit Court of Appeals, March 17, 2009 US v. Vargas, No. 08-1377
New ABA Publication: Model Jury Instructions in Criminal Antitrust Cases
“This practical book provides guidance regarding jury instructions in criminal antitrust cases for juries sitting in judgment in antitrust trials of all types. The instructions in the book are presented in concise and readily understandable language and organized in the same order in which a court presiding over a criminal antitrust jury trial would likely give them. Thus, this book includes both general and antitrust specific instructions, instructions that are appropriate just prior to the admission of the evidence, and those for the close of the case. The book also includes explanatory commentary and references to supporting case law and model jury instructions in a variety of circuits.”
“Start-to-finish advice on model jury instructions in the complex area of criminal antitrust law!”
Product Details: 5030530 Regular Price: $159.00 AT Section Member Price: $129.00 ©2009 6 x 9 – paper 184 pages
Book Review: Trial Advocacy Planning, Analysis and Strategy
REVIEWED BY: THEODORE POLLACK*
Title: Trial Advocacy: Planning, Analysis, and Strategy
Authors: Marilyn J. Berger, John B. Mitchell, Ronald Clark
Findlaw Case Summaries: Criminal Law. March 9 – 13, 2009. 13
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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