Volume 1 Number 1 Spring 2009.
A publication of the Center for Elders and the Courts, National Center for State Courts.
“On behalf of the National Center for State Courts, welcome to the first edition of the CEC Sentinel. We live in challenging times. Simple demographic facts will soon impact every corner of America: There will be more older Americans than at any other time in history, living longer lives…”
The following is an announcement from Luis Villa, the outgoing Editor-in-Chief of the Columbia Science and Technology Law Review (STLR). Beginning with Volume X STLR will become a “formal open access journal and comply with the recent Durham Statement on open access” and will become the first Columbia journal to publish through the Columbia University Library’s archival quality Academic Commons publication system:
ANNOUNCEMENT AND LETTER:
Most of you know me from past ventures; for those who don’t, my apologies for reaching out to you in this manner, but it is a one-time event that I hope you’ll find it worth your attention.
An American Bar Association Free Public Program.
The ABA Division for Public Education has asked that the following invitation and registration link be posted:
2009 ABA Silver Gavel Awards Presentation
Uncertainty in Law Circles Over New Court Ruling for Judges
By JOHN SCHWARTZ Published: June 10, 2009 by the New York Times
“Lawyers across the country said that a Supreme Court ruling on conflicts of interest among elected judges could prompt a deluge of requests for judges to recuse themselves from cases.,,,”
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June 11, 2009.
COMMERCIAL LAW, CONSUMER PROTECTION LAW, GOVERNMENT LAW, HEALTH LAW New York v. Smokes-Spirits.com, Inc., No. 92 The Court of Appeals answered the following certified questions from the United States Court of Appeals for the Second Circuit in the negative: 1) Does New York City have standing to assert its claims under General Business Law section 349?; and 2) may the City assert a common law public nuisance claim that is predicated on N.Y. Public Health Law section 1399-ll? Read more…
CONSTITUTIONAL LAW, FAMILY LAW, GOVERNMENT LAW, JUVENILE LAW Anonymous v. Rochester, No. 81 In an action claiming that the juvenile nighttime curfew adopted by the City of Rochester is unconstitutional, the dismissal of the complaint is reversed, where the curfew violated the substantive due process rights of minors to enjoy freedom of movement and of parents to control the upbringing of their children.
CONSTRUCTION, INJURY AND TORT LAW Cunha v. New York, No. 91 In a personal injury action based on injuries sustained by Plaintiff while working at a roadway excavation, judgment for Plaintiff is reversed where, because New York City was only vicariously liable for violating the provisions of the Labor Law at issue, it was entitled to full common-law indemnification from its codefendant, the party actually responsible for the incident.
CRIMINAL LAW & PROCEDURE People v. Decker, No. 102 Defendant’s murder conviction is affirmed where: 1) although there had been a 15-year delay in re-indicting Defendant after the charges were initially dropped, the delay was justified by the witnesses’ fear of testifying against Defendant; and 2) Defendant was not prejudiced by the delay.
CRIMINAL LAW & PROCEDURE, SENTENCING People v. Mingo, No. 94 Defendant’s rape sentence is vacated where, with the proper foundation, internal documents generated by the District Attorney’s office may support a risk level adjudication, but the trial court failed to require such a foundation, and thus the sentencing enhancement applied by the trial court was in error. ..
INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE Petrone v. Fernandez, No. 100 In an action claiming that a dog at Defendant apartment complex owner’s property injured Plaintiff, summary judgment for Defendant is affirmed, where Defendant did not own the dog and had no reason to know of the dog’s vicious propensities.
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The Association of the Bar of the City of New York (New York City Bar) has just published its Report on the Merger of the Bronx Supreme and Criminal Courts. Commenting on the Report in his June 11, 2009 New York Law Journal article, “City Bar Report Cites ‘Serious Problems’ With Bronx Merger”, Daniel Wise writes: “The merger of Criminal and Supreme courts in the Bronx has created ‘serious problems’ if additional judicial resources are not made available, a report by the New York City Bar Concluded.” In the Report it is recommended that “strong and immediate attempts” need to be taken to handle a growing backlog of felony cases.
The New York City Bar report was prepared by the Committee on Criminal Courts and the Committee on Criminal Justice Operations, both committees of the Association of the Bar of the City of New York and released on June 10, 2009. Below is an excerpt from the Opening Statement and a link to the complete report:
Opening Statement Excerpt:
Boyle v. United States
No. 07–1309. Decided June 8, 2009. Opinion author: Alito, J.
The evidence at petitioner Boyle’s trial for violating the Racketeer Influenced and Corrupt Organizations Act (RICO) provision forbidding “any person … associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs through a pattern of racketeering activity,” 18 U. S. C. §1962(c), was sufficient to prove that Boyle and others committed a series of bank thefts in several States; that the participants included a core group, along with others recruited from time to time; and that the core group was loosely and informally organized, lacking a leader, hierarchy, or any long-term master plan.
Special Libraries Association (SLA) Legal Division :
Incorporating CI into Your Services: Real Life Examples from Legal Info Pros
Wednesday, 17 June 2009 8:30AM – 10:00AM
Second Circuit U.S. Court of Appeals
CONSTITUTIONAL LAW, GOVERNMENT LAW, SANCTIONS Gollomp v. Spitzer, No. 07-0847 District court judgment dismissing plaintiff’s second amended complaint against various state entities and imposing sanctions on his attorneys is affirmed where: 1) the New York State Unified Court System is an arm of the state, and thus the lawsuit against it is barred as it is entitled to Eleventh Amendment sovereign immunity; and 2) the court did not abuse its discretion in imposing sanctions as plaintiff’s counsel acted in bad faith, plaintiff’s claims were frivolous and there was nothing improper in recovering reasonable attorney’s fees from plaintiff’s counsel as a form of sanctions
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Update from the Lexis Alert Service,
June 8, 2009:.
1. People v. Stepteau, 712, 5394/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4351; 2009 N.Y. App. Div. LEXIS 4138, June 4, 2009, Decided, June 4, 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 (Renee A. White, …
2. People v. Manuel, 709, 1319/08, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4293; 2009 N.Y. App. Div. LEXIS 4104, June 2, 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 (Daniel P. FitzGerald, …
3. People v. Carter, 693, 4510/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4284; 2009 N.Y. App. Div. LEXIS 4114, June 2, 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 (Arlene R. Silverman, …
4. People v. Santos, 688, 6472/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4279; 2009 N.Y. App. Div. LEXIS 4122, June 2, 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 (Edward J. McLaughlin, …
5. People v. Coleman, 691, 4029/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4282; 2009 N.Y. App. Div. LEXIS 4106, June 2, 2009, Decided, June 2, 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 (John Cataldo, J. …
6. People v. Odom, 585, 3211/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4272; 2009 N.Y. App. Div. LEXIS 4107, June 2, 2009, Decided, June 2, 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 (Gregory Carro, J.), …
7. People v. Bumbray, 686, 4051/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4277; 2009 N.Y. App. Div. LEXIS 4123, June 2, 2009, Decided, June 2, 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 (Daniel P. FitzGerald, …
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