A meeting of the Federal Open Market Committee was held in the offices of the Board of Governors of the Federal Reserve System in Washington, D.C., on Monday, December 15, 2008 at 2:00 p.m. and continued on Tuesday, December 16, 2008 at 9:00 a.m.
To see the Minutes, click on the link below:
The Copyright, New Media Law and E-Commerce News is prepared by copyright lawyer Lesley Ellen Harris with the help of Beth Davies. Issues are posted here in their entirety for strictly noncomercial use in accordance with guidelines stipulated by Ms. Harris.:
Vol. 13, No. 1, January 5, 2009
ISSN 1489-954X
An update to the Brennan Center reports issued in 2004 and 2006
BY: Andrew Stengel, Lawrence Worden, and Laura Seago
From the Brennan Center for Justice at New York University School of Law website at
Update from the Lexis Alert Service,
1. People v. Riley, 4865, 4795/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10035; 2008 N.Y. App. Div. LEXIS 9794, December 23, 2008, Decided, December 23, 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 …
Judgment, Supreme Court, New York County (Edward J. McLaughlin, …
2. People v. Merzianu, 4876, 5955/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10042; 2008 N.Y. App. Div. LEXIS 9784, December 23, 2008, Decided, December 23, 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 …
Judgment, Supreme Court, New York County (Robert Stolz, J.), …
3. People v. Williams, 4897, 2656/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10056; 2008 N.Y. App. Div. LEXIS 9780, December 23, 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 …
Judgment, Supreme Court, New York County (James A. Yates, …
4. People v. Deleon, 4891, 6622/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10052; 2008 N.Y. App. Div. LEXIS 9773, December 23, 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 …
Judgment, Supreme Court, New York County (Laura A. Ward, …
5. People v. Sears, 4896, 3043/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10055; 2008 N.Y. App. Div. LEXIS 9778, December 23, 2008, Decided, December 23, 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 …
Judgment, Supreme Court, New York County (James A. Yates, …
6. People v. Santiago, 4894, 456/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10054; 2008 N.Y. App. Div. LEXIS 9783, December 23, 2008, Decided, December 23, 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 …
Judgment, Supreme Court, New York County (Laura A. Ward, …
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www.llrx.com
**Neurolaw and Criminal Justice http://www.llrx.com/features/neurolaw.htm
“Ken Strutin’s article highlights selected recent publications, news sources and other online materials concerning the applications of cognitive research to criminal law as well as basic information on the science and technology involved”.
Motion to Disclose Intercepted Communications to the Special Investigative Committee of the Illinois House of Representatives
The UNITED STATES OF AMERICA, by its attorney, Patrick J. Fitzgerald,
United States Attorney for the Northern District of Illinois, respectfully submits this Motion to Disclose Intercepted Communications to the Special Investigative Committee of the Illinois House of Representatives, and in support of the motion,… U.S. District Court Nothern District of Illinois, Eastern Division CR 1010.
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.
December 29, 2008 – January 3, 2009
U.S. 1st Circuit Court of Appeals, December 31, 2008 US v. Andrade, No. 081175 In a prosecution for being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. section 922(g)(1), denial of a motion to suppress the firearms and ammunition seized by police officer is affirmed where police officer’s actions were reasonable under the totality of circumstances.
U.S. 2nd Circuit Court of Appeals, December 31, 2008 US v. Spinelli, No. 99-1344, 99-1394 Conviction for conspiracy to commit murder and assault with a dangerous weapon, both for the purpose of increasing and maintaining a position in a racketeering enterprise, and related offenses are affirmed. Although the prosecutor erred by vouching to the jury that the government’s cooperating accomplices had never perjured themselves or falsely implicated anybody in a crime, her improper remarks did not justify disturbing the verdict.
U.S. 4th Circuit Court of Appeals, December 30, 2008 US v. Dews, No. 086458 In prosecutions for distribution and possession with intent to distribute cocaine base and money laundering, denial of defendants’ motions for reductions of sentence is reversed and remanded where: 1) defendants agreed to plead guilty if the district court would sentence them to a guidelines term of imprisonment of 168 months, and the district court did so; and 2) defendants did not agree that they would not seek relief under section 3582(c)(2) in the event the Sentencing Commission retroactively amended a relevant guideline.
U.S. 5th Circuit Court of Appeals, December 29, 2008 US v. Elashyi, No. 06-10176 Convictions of illegally exporting computer equipment, money laundering, dealing in property of a designated terrorist, and related offenses are affirmed for 4 of 5 co-defendants over their various unmeritorious challenges, including insufficiency of the evidence, improper admission of hearsay evidence, and improper jury instructions. One defendant’s conviction was reversed, however, on certain of the charges where the government’s prosecution of him breached an unambiguous plea agreement stemming from earlier charges involving the very same facts and circumstances.
U.S. 5th Circuit Court of Appeals, December 23, 2008 US v. Percel, No. 07-20236 Convictions arising from a conspiracy to possess and distribute five kilograms or more of cocaine are affirmed. Judge did not commit plain error by omitting the word “not” when reciting the requested “no-adverse-influence” instruction, given that the written jury instructions contained the correct wording. Testimony made by two witnesses pursuant to a plea agreement was properly admitted and was sufficient for the jury to convict, where the jury was properly instructed to weigh the credibility of these witnesses with great care. (Revised opinion) .
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To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.
December 29, 2008 – January 3, 2009
U.S. 9th Circuit Court of Appeals, December 30, 2008 Gonzalez v. Duncan, No. 06-56523 A sentence of 28 years to life imprisonment under California’s “Three Strikes” law violates the Eighth Amendment where: 1) the offense was Petitioner’s failure to update his annual sex offender registration within five working days of his birthday; and 2) he was living at his registered address throughout the relevant time period. Habeas relief is warranted because the state court’s application of the gross disproportionality principle was objectively unreasonable.
Bernard Lawrence Madoff was arrested on December 11, 2008 on a ciminal complaint and has been charged with” perpetrating the largest investor fraud ever committed by an individual.” Below are some excerpts and links to articles and documenrs related to this matter. As this matter unfolds we expect to both add and perhaps revise information as appropriate:
The first excerpt is from the WIKI posting Bernard Lawrence Madoff. Although some may question linking to WIKI postings for this type of material, we have looked at this entry and believe it is useful as an introduction to both Bernard Madoff and his alleged activities”:
“Bernard Lawrence Madoff (IPA: /ˈmeɪdɑf/) (born April 29, 1938) is a businessman and former chairman of the NASDAQ stock market. He started the Wall Street firm Bernard L. Madoff Investment Securities LLC in 1960 and was its chairman until December 11, 2008, when he was charged with perpetrating the largest investor fraud ever committed by a single individual.[1]” This article documents a current event. Information may change rapidly as the event progresses.”
