Criminal Law and Justice

October 24, 2008

New York Appellate Division Criminal Cases Originating from the New York Supreme Court NY County. October 23-24, 2008.

Update from the Lexis Alert Service, Search run morning of October 23-24, 2008:

1. People v. Peralta, 4143, 514/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7170; 54 A.D.3d 653; 2008 N.Y. App. Div. LEXIS 7008, September 30, 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 …

October 20, 2008

Findlaw Case Summaries: Criminal Law and Procedure October 13-17, 2008

by David Badertscher

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

U.S. Supreme Court, October 14, 2008 Moore v. U.S., No. 07-10689 Sentence for possession of cocaine base with intent to distribute is reversed and the case remanded where the district court’s statements during sentencing showed that it did not think it had the discretion, which was later upheld by the Supreme Court in Kimbrough v. U.S., to reject the Guidelines’ crack-to-powder cocaine sentencing ratio. .

U.S. 2nd Circuit Court of Appeals, October 14, 2008 In re Vincent Basciano, No. 082157 Writ of mandamus seeking judge’s recusal based on government-furnished evidence suggesting that petitioner had plotted to have judge murdered, is denied where petitioner did not “clearly and indisputably” demonstrate that the district court abused its discretion. .

October 20, 2008

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

by David Badertscher

Update from the Lexis Alert Service, Search run morning of October 20, 2008:

1. People v. Clarke, 4260, 11467/93, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7766; 2008 N.Y. App. Div. LEXIS 7612, October 16, 2008, Decided, October 16, 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 …

October 14, 2008

Findlaw Summaries: Criminal Law and Procedure October 6-10, 2008

by David Badertscher

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

U.S. 1st Circuit Court of Appeals, October 08, 2008 US v. Jackson, No. 072510 Conviction for being a felon in possession of a firearm is vacated and remanded where defendant was subjected to custodial interrogation before being given his Miranda warnings.

U.S. 1st Circuit Court of Appeals, October 08, 2008 US v. Vasquez, No. 072796 Conviction for drug and gun offenses is affirmed over claims of error that: 1) the district court should have suppressed his statements acknowledging that the drugs were his, his admission that he possessed the gun and the gun itself; and 2) the evidence was insufficient to show that the gun defendant surrendered at his arrest was carried during and in relation to a drug trafficking crime. .

October 14, 2008

Findlaw Summaries: Second Circuit U.S. Court of Appeals October 10, 2008

by David Badertscher

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CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING US v. DeFilippo, No. 071618 Conviction and sentence for conspiracy to racketeer, illegal gambling, and conspiracy to collect credit through extortionate means are affirmed over claims of error that: 1) the district court erred when it admitted testimony from a high-ranking member of the Bonanno Crime Family; 2) the murder of George Sciascia was not relevant conduct because it was not related to a conspiratorial object of which defendant was convicted; 3) the Government failed to rebut an alleged presumption that a person withdraws from a conspiracy when he is arrested; and 4) the district court erred in refusing to hold a hearing on that issue. .

IMMIGRATION LAW Shao v. Mukasey, No. 072689 In an immigration matter brought by Chinese nationals who asserted a fear of future persecution, specifically, forced sterilization, if removed to China based on their having fathered or given birth to more than one child, petitions for review of decision of Board of Immigration Appeals (BIA) denying relief from removal are denied where: 1) there was no legal error in the evidentiary framework employed; and 2) because substantial evidence supported the BIA’s findings that each of the petitioners failed to demonstrate that his or her stated fears of persecution on return to China were objectively reasonable.

October 10, 2008

Sentencing Advocacy, Practice and Reform Institute

by David Badertscher

Congressman Robert C. “Bobby” Scott (D-VA) will share his unique insight and perspective on rates of incarceration, sentencing trends and alternatives, and recent legislation

Click for full Brochure: “http://www.abanet.org/crimjust/calendar/2008fallconference.pdf

Sentencing Advocacy, Practice and Reform Institute

October 10, 2008

Findlaw Summaries: Second Circuit U.S. Court of Appeals October 7-9, 2008

by David Badertscher

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

ADMINISTRATIVE LAW, AEROSPACE & DEFENSE, LABOR & EMPLOYMENT LAW, MILITARY LAW Dibble v. Fenimore, No. 063307

In an action for administrative relief brought by plaintiff-state National Guard service technician who was denied reenlistment, grant of summary judgment in favor of defendant-Secretary of the Air Force is affirmed where: 1) the doctrine of intramilitary immunity does not preclude a federal court from reviewing a challenge under the Administrative Procedure Act to a decision by the Air Force Board for the Correction of Military Records; and 2) the district court correctly found that the Board’s decision was not arbitrary, capricious, contrary to law, or unsupported by substantial evidence.

October 9, 2008

Selections from Forthcoming Books in 2008: Criminal Law

by David Badertscher

A list of forthcoming books scheduled for publication in 2008 selected from a subject search of BIP Professional on October 9, 2008:

Enforcing the Law: Police and Society

Author: Publisher: Wadsworth ISBN or UPC: 0-534-62343-3 (Active Record)

October 9, 2008

New York Appellate Criminal Cases Originating from the New York Supreme Court NY County. October 9, 2008.

by David Badertscher

Update from the Lexis Alert Service, Search run morning of October 9, 2008:

1. People v. Calderon, 4198, 009/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7559; 2008 N.Y. App. Div. LEXIS 7404, October 7, 2008, Decided, October 7, 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 …

September 29, 2008

Feature Articles from LLRX.Com, September 2008

by David Badertscher

Sabrina I. Pacifici Founder, Editor, Publisher:

**LLRX Book Review by Heather A. Phillips – We’re All Journalists Now: The Transformation of the Press and Reshaping of the Law in the Internet Age http://www.llrx.com/columns.bookreview11.htm

Heather A. Phillips highlights attorney John Gant’s contention that one’s title, income, and employer are at best side issues in determining who is a journalist in the day-to-day realities of issuing press passes as well as in larger policies such as the extension of shield laws.