Articles Posted in Criminal Law and Justice

by

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

February 11,17, 2009.

CRIMINAL LAW & PROCEDURE, EVIDENCE People v. Williams, No. 22mem09 The order of the Appellate Division is affirmed where there is no legal reason to upset the court’s exercise of its discretion in allowing the prosecution to use prior convictions to impeach a defendant’s testimony.

CRIMINAL LAW & PROCEDURE, INTERNATIONAL LAW People v. Romeo, No. 7opn09 Reversal of a conviction for manslaughter is affirmed where the People’s lengthy post-indictment delay occasioned by delaying their prosecution in favor of a Canadian prosecution violated defendant’s constitutional right to a speedy trial.

CRIMINAL LAW & PROCEDURE, SENTENCING People v. Taveras, No. 2opn09 Sentence for a criminal sexual act in the third degree and falsifying business records in the first degree is affirmed where the actus reus underlying the crime of criminal sexual act in the third degree does not constitute a “material element” of falsifying business records in the first degree, thus the Appellate Division correctly held that the sentencing court’s imposition of consecutive sentences for these crimes was not in error.

CRIMINAL LAW & PROCEDURE People v. Rouse, No. 8mem09 Order of the Appellate Division is reversed and the indictment dismissed where the People did not satisfy their statutory readiness obligation. .

INSURANCE LAW In the Matter of the Ancillary Receivership of Reliance Ins. Co., No. ssm2ent09 In an insurance dispute, order of the Appellate Division is affirmed where the Appellate Division did not err in concluding that the insurance company could not rely on an August 1993 letter as the basis to avoid coverage under the claims-made policy.
Continue reading

by

To be held on April 3-4, 2009 in Tempe, Arizona.

The Sandra Day O’Connor College of Law at Arizona State University will host an international conference, Forensic Science for the 21st Century: The National Academy of Sciences Report and Beyond,” on April 3-4 in Tempe, Ariz. The focal point of the conference, for which CLE will be available, is the long-awaited National Academy of Sciences’ report on the future of forensic science, which will be released at 1 p.m. EST on Wednesday, Feb. 18, at a press briefing and via Webcast at www.national-academies.org Early registration for the conference, which offers a $250 discount off the at-the-door rate, closes on Friday, Feb. 27. The conference will include nearly three dozen renowned experts in the field, including both co-chairmen of the NAS forensic science committee, and many others. This conference is a must-attend for any practitioner who produces, uses or evaluates forensic science evidence, including prosecutors, public defenders, private attorneys, judges, forensic scientists, criminalists and others. Details: lst.law.asu.edu/FS09/index.html

by

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

February 09 – February 13, 2009
U.S. 1st Circuit Court of Appeals, February 09, 2009 US v. Rivera-Rivera, No. 05-2495, 05-2498
Defendants’ convictions and sentences stemming from the armed robbery of a lottery ticket business in Puerto Rico are affirmed over claims that: 1) a key witness’s in-court identification was tainted by unnecessarily suggestive pretrial encounters; 2) the government failed to meet its burden of proving that the robbery affected interstate commerce; and 3) there were multiple errors during sentencing, including that the district court improperly imposed a 25-year mandatory minimum based on facts not found by the jury beyond a reasonable doubt.

U.S. 1st Circuit Court of Appeals, February 11, 2009 US v. Combs, No. 06-2258 A conviction for being a felon in possession of a firearm and ammunition is affirmed over claims that: 1) the trial court improperly declined to give his proposed jury instruction regarding witness intimidation; and 2) the government failed to offer sufficient evidence that the firearm and ammunition had traveled in interstate commerce.

U.S. 1st Circuit Court of Appeals, February 13, 2009 US v. Campusano, No. 07-1931, 07-2442 Defendants’ sentences for drug offenses are affirmed over claims that: 1) for purposes of a drug quantity determination, defendants never intended to buy one hundred kilos and they lacked the financial capacity to do so; and 2) the district court erred in imposing a two-level sentence enhancement for obstruction of justice based on their testimony at trial.
Continue reading

by

Update from the Lexis Alert Service,

February 13,18, 2009
1. People v. Anonymous, 5224, 5721/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1005; 2009 N.Y. App. Div. LEXIS 1001, February 10, 2009, Decided, February 10, 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 (Charles H. Solomon, …

2. People v. James, 5229, 6659/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1009; 2009 N.Y. App. Div. LEXIS 998, February 10, 2009, Decided, February 10, 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, …

3. People v. Davis, 5232, 5233, 2736/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1011; 2009 N.Y. App. Div. LEXIS 996, February 10, 2009, Decided, February 10, 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 …
Amended; Judgment, Supreme Court, New York County (William A. Wetzel, …

4. People v. White, 5194, 5680/06, 5116/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 986; 2009 N.Y. App. Div. LEXIS 1025, February 10, 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 H. Solomon, …

5. People v. McCroskey, 5200, 5911/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 991; 2009 N.Y. App. Div. LEXIS 1026, February 10, 2009, Decided, February 10, 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, …
Continue reading

by

Update from the Lexis Alert Service,

February 5-9, 2009
1. People v. Hernandez, 5162, 1921/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 590; 2009 N.Y. App. Div. LEXIS 568, February 3, 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 H. Solomon, …

2. People v. Coste, M3189 & 7277/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 578; 2009 N.Y. App. Div. LEXIS 586, February 3, 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 …
Appeal from a judgment, Supreme Court, New York County (Budd G. Goodman, …

3. People v. McBride, 4605, 1682/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 576; 2009 N.Y. App. Div. LEXIS 574, February 3, 2009, Decided, February 3, 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 (Bonnie G. Wittner, …

4. People v. Rolle, 5164, 3264/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 591; 2009 N.Y. App. Div. LEXIS 570, February 3, 2009, Decided, February 3, 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 (Bonnie G. Wittner, …

5. People v. Leiva, 5150, 5151, 1741/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 582; 2009 N.Y. App. Div. LEXIS 577, February 3, 2009, Decided, February 3, 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 (William A. Wetzel,

.6. People v. Wright, 5102, 6928/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 423; 2009 N.Y. App. Div. LEXIS 589, 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 (Edwin Torres, J.), …

7. People v. Abney, [NO NUMBER IN ORIGINAL], SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7757; 2008 N.Y. App. Div. LEXIS 10300, October 14, 2008, Decided; March 20, 2006, Rendered, 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 …
… 57 AD3d at 48] Accordingly, the judgment of the Supreme Court, New York County (William A. Wetzel, …
… by Moskowitz, J. Judgment, Supreme Court, New York County, rendered March 20, …
..
Continue reading

by

A Report of the New York State Commission on Sentencing Reform, dated January 30, 2009 and released on February 3, 2009.

The Report, Future of Sentencing in New York State, calls for reforms to New York Stae drug laws; determinate sentencing, graduated and sanctions for parole violators are among the other recommendations offered.It provides the Governor, Legislature and Judiciary with several different options for historic reform.The State Commission on Sentencing Reform is a bi-partisan panel that has spent nearly two years studying New York States sentencing statutes before releasing this Report

Also see the Press Release announcing release of thr Report and New York State Executive Order Number 10 (March 5, 2007) under which the Commission was created:

Continue reading

by

“The “black letter” Standards for Criminal Justice are available on the Standards homepage at www.abanet.org/crimjust/standards/home.html Standards that heve been published with commentary since 1991 are also available in book format on the Web site as well as in hard copy. Listed below are the individual sets of Standards and the dates of publication.”*

Collateral Sanctions and discretionary Disqualification of Convicted Persons (published 2004)

Criminal Appeals (published 1980, 1986 supp.)

Continue reading

by

New: (February 2009) Criminal Mental Health and Disability Law, Evidence and Testimony: A Comprehensive Reference Manual for Lawyers, Judges and Criminal Justice Professionals
This Comprehensive Reference Manual examines both criminal mental health and disability discrimination law from the points of view of lawyers, judges and other professionals within the criminal justice system. The manual builds on established resources within the ABA, including the Mental & Physical Disability Law Reporter, Mental Disability Law, Evidence and Testimony and Disability Discrimination Law, Evidence and Testimony. It synthesizes the best and most recent information at the ABA on mental health and discrimination law that specifically pertains to criminal justice matters. It also references the ABA’s Criminal Justice Mental Health Standards. Regular: $110; $93.50 discounted. 458 pages.

For additional information, click here.

by

A Service from the ABA Criminal Justice Section, http://www.abanet.org/crimjust

VAN DE KAMP, JOHN, ET AL. v. GOLDSTEIN, THOMAS L. (No. 07-854.)

AP reporting: The Court threw out a lawsuit by a Los Angeles man wrongfully convicted of murder and gave district attorneys a broad shield against being sued even if their management mistakes send an innocent person to prison.

Continue reading
Contact Information
ATTORNEY ADVERTISING

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2016 – 2025, David Badertscher
JUSTIA Law Firm Blog Design