The following is the announced U.S. Senate floor schedule for 2010:
Jan. 5 – Second session convenes in a pro forma session
Jan. 19 – Senate reconvenes for legislative business
Q&A: Can a Librarian With Skills in Reference, Research, and Other Areas Potentially Become a Good Paralegal?
Question (as asked):
“With times being as tough as they are, and job opportunities not being great, I’m considering getting certified as a paralegal. It seems from what I’ve read so far that a Librarian’s skills could translate well into a paralegal’s duties, and I wanted to ask if anyone has any knowledge, experience, or opinion in the matter.
Does being a Librarian with skills in research and reference and other areas mean such a person could potentially make a good paralegal? And if so, does anyone recommend a particular course of action over another for getting certification or experience?”
Remarkable Work by New York State Judges
Letter:
Remarkable Work By State Judges*
In “10 Suggestions for Court Reform,” New York City Corporation Counsel Michael A. Cardozo notes that our nation’s state courts are in crisis. Many of society’s most intractable problems end up in the state courts, particularly during economic downturns. In New York, this has been especially true. Throughout the state, filings continue to spiral, in every case category. Over the past five years, filings in New York City have risen in Family Court by 24 percent and in Criminal Court by 19 percent, as well as in Civil Court and in Supreme Civil and Supreme Criminal. One result of this, for example, is that a judge in the Civil Term of Supreme Court in New York City has a caseload that exceeds 600 cases, and a judge in the New York City Family Court can handle over 1,000 cases at any one time. Recent efforts to create additional judgeships, which will help alleviate these massive inventories, have yet to meet with success.
Use of Internet Technology by Jurors and Others During a Trial
David Badertscher*
Some jurors have always had an urge to visit a crime scene or research a case they’re considering while on jury duty, but now the Internet is making it much easier to play detective.
“As simple as it might have been to research facts on their own in the past, now jurors don’t have to have a brother-in-law who’s a doctor or a next-door neighbor who’s a dentist. Everyone has access to the world of doctors and dentists,” says Laura A. Miller, the chair of the criminal litigation section of the American Bar Association and a partner at Nixon Peabody.
New York Appellate Criminal Cases Originating from the New York Supreme Court NY County. December 7, 2009.
December 7, 2009.
Update from the Lexis Alert Service,
1. People v Basbus, 1649, 2759/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8964; 2009 N.Y. App. Div. LEXIS 8782, December 3, 2009, Decided, December 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.
Findlaw Case Summaries: Criminal Law and Procedure 29
November 30-December-4, 2009.
To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.
U.S. Supreme Court, November 30, 2009 Porter v. McCollum, No. 08–10537 In capital habeas proceedings, circuit court’s order reversing a district court’s grant of a habeas petition is reversed where it was objectively unreasonable for a state court to conclude that there was no reasonable probability the sentence would have been different if the sentencing judge and jury had heard the significant mitigation evidence that petitioner’s counsel neither uncovered nor presented, including evidence of petitioner’s mental health or mental impairment, his family background, or his military service.
U.S. 1st Circuit Court of Appeals, December 01, 2009 US v. Willings, No. 09-1334 In a prosecution for robbery of a federal bank through the use of a dangerous weapon, district court’s imposition of a sentence designating defendant as a career offender under U.S.S.G. section 4B1.1(a) is affirmed as escape from secure custody is a crime of violence within the purview of the career offender guideline.
U.S. 1st Circuit Court of Appeals, December 03, 2009 US v. Hersom, No. 07-2401 Defendant’s conviction for maliciously destroying by fire a building owned by an institution receiving Federal financial assistance in violation of 18 U.S.C. section 844(f) is affirmed where: 1) in general, the statute should be limited to arson of property acquired, renovated, or leased using federal financial assistance; 2) section 844(f) is constitutional and it applies to defendant’s conduct in this case; but 3) defendant’s sentence is vacated and remanded in light of US v. Giggey to determine whether defendant’s second career offender predicate is a crime of violence.
Continue reading
Findlaw Case Summaries: Constitutional Law 27
November 30-December-4, 2009.
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, December 03, 2009 US v. Hersom, No. 07-2401 Defendant’s conviction for maliciously destroying by fire a building owned by an institution receiving Federal financial assistance in violation of 18 U.S.C. section 844(f) is affirmed where: 1) in general, the statute should be limited to arson of property acquired, renovated, or leased using federal financial assistance; 2) section 844(f) is constitutional and it applies to defendant’s conduct in this case; but 3) defendant’s sentence is vacated and remanded in light of US v. Giggey to determine whether defendant’s second career offender predicate is a crime of violence. ..
U.S. 1st Circuit Court of Appeals, December 03, 2009 Lopez v. Commonwealth of Massachusetts, No. 09-1664 In minority police officers’ disparate impact race claim under Title VII against a state agency that prepares and administers promotional examinations for local police officers under the state civil service system, their employers, various cities, and the Massachusetts Bay Transportation Authority (MBTA), district court’s denial of Eleventh Amendment immunity for the state defendants, the state of Massachusetts and a chief human resources officers of the Human Resources Division (HRD) in his official capacity, is reversed where: 1) the state defendants do not qualify as employers as that term is used in Title VII; 2) HRD cannot be deemed plaintiffs’ de facto employer as it exercised no control, direct or indirect, over the factors relevant to the common law agency test; and 3) plaintiffs’ alternate theories why HRD should be considered their employer under Title VII are rejected.
U.S. 4th Circuit Court of Appeals, December 02, 2009 Francis v. Giacomelli, No. 08-1908 In a case brought by a police commissioner and his deputies following a highly public dispute with the mayor of Baltimore resulting in the termination of their employment, dismissal of the action is affirmed as, based on the facts alleged in the complaint, the complaint fails to articulate any claim for relief that is plausible on its face. Furthermore, the mayor, against whom the allegations of due process violations were directed, is entitled to qualified immunity.
Continue reading
Book Review: The Ethics of Representing Organizations: Legal Fictions for Clients
Title: The Ethics of Representing Organizations: Legal Fictions For Clients
Authors: Lawrence J. Fox Susan R. Martyn
Publisher: Oxford University Press (New York)
GungaWeb An Online Tool That Assists Analysis of New York Criminal Cases
GungaWeb is an online tool that assists analysis of New York criminal cases with respect to sentencing, lesser included offenses, plea bargaining restrictions, charging and offense elements.
Detailed sentencing reports for all Penal Law offenses plus DWI and,now for 2009, Aggravated Unlicensed Operation of a Motor Vehicle (VTL511). Dynamic detailed and summary reports of lesser included and greater inclusory offenses. Commentary on pertinent legislative amendments included.
Current subscribers include over 100 New York judges and law clerks.
ABA Journal Law News Now
Top Ten Stories for week ending December 4, 2009.
Editor’s Note: The 3rd Annual ABA Journal Blawg 100 is now online! Readers are invited to browse the list and are encouraged to register to vote for their favorites.
U.S. Supreme Court A ‘Somewhat Tense Moment’ as Justices Consider Discharge of Student Loans