Criminal Law Library Blog

May 13, 2009

Findlaw Case Summaries: Second Circuit U.S. Court of Appeals 8

May 12-13, 2009

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CIVIL PROCEDURE Yakin v. Tyler Hill Corp. , No. 07-5300 District court order enforcing a forum selection clause and remanding the case to state court is affirmed where there is no ambiguity in the forum selection clause, as a reasonable person reviewing the clause would conclude the parties intended the litigation take place in an appropriate venue in Nassau County, where there is a state court but no district court.

May 13, 2009

Findlaw Case Summaries: New York Court of Appeals. May 12, 2009.

by David Badertscher

May 12, 2009

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CONSTITUTIONAL LAW, GOVERNMENT BENEFITS, HEALTH LAW Khrapunskiy v. Doar, No. 52 In an action by disabled legal resident aliens who were ineligible for SSI payments due to their non-citizenship, judgment for Plaintiffs is reversed, where Article XVII of the New York Constitution does not compel the state to assume the federal government’s obligation when a disabled person becomes ineligible for SSI benefits.

May 12, 2009

Findlaw Case Summaries: Constitutional Law 15

by David Badertscher

May 4 -8, 2009

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U.S. Fed. Circuit Court of Appeals, May 05, 2009 Ellamae Phillips Co. v. US , No. 08-5042 In a takings action, district court grant of summary judgment against the government is vacated and remanded where court of Federal Claims improperly applied the present court’s prior decision in Hash v. US in ruling that a taking had occurred, as Hash did not decide the scope of the easement granted under the 1875 Act or whether any residual easement has been abandoned in this case.

May 12, 2009

Findlaw Case Summaries: Criminal Law and Procedure 18

by David Badertscher

May 4 -8, 2009
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U.S. Supreme Court, May 04, 2009 Flores-Figueroa v. US, No. 08-108 Defendant’s aggravated identity theft conviction is reversed where 18 U.S.C. section 1028A(a)(1) requires the government to show that a defendant knew that the means of identification at issue belonged to another person.

U.S. 1st Circuit Court of Appeals, May 04, 2009 Rice v. Hall, No. 07-2660 In conviction for murder, denial of petition for habeas relief is affirmed where plaintiff failed to show: 1) counsel’s performance was unreasonable or incompetent; and 2) any error that prejudiced him such that the outcome would likely have been different but for the error.

U.S. 1st Circuit Court of Appeals, May 05, 2009 US v. Angulo-Hernández, No. 07-2428 Conviction and sentence for drug crimes is affirmed where: 1) the evidence presented was sufficient to support each of the defendants’ convictions; 2) any possible error in the admission of lay testimony was harmless; 3) district court’s participation in trial did not constitute prejudicial error; 4) the defendants’ jurisdictional challenge under the Maritime Drug Law Enforcement Act was meritless; 5) the court did not abuse its discretion in denying the defendants’ multiple requests for a continuance and proceeding with the trial as scheduled; and 6) defendant’s sentence was reasonable.
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May 12, 2009

New York Appellate Criminal Cases Originating from the New York Supreme Court NY County – LexisNexis. May 11, 2009.

by David Badertscher

Update from the Lexis Alert Service,

May 11, 2009.

1. People v. Acevedo, 511 70/06, 512 70/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 3673; 2009 N.Y. App. Div. LEXIS 3554, May 7, 2009, Decided, May 7, 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.

May 12, 2009

New York State: Commission on Judical Conduct Annual Report 2009

by David Badertscher

Pursuant to Section 42, paragraph 4, of the Judiciary Law of the State of New York the New York State Commission on Judicial Conduct respectfully submits the Annual Report 2009 of its activities covering the period from January 1 through December 31, 2008.

The New York State Commission on Judicial Conduct is the state agency responsible for investigating complaints of misconduct against judges of the state unified court system and, where appropriate, determining to admonish, censure or remove from office those judges found to have engaged in unethical behavior. All determinations are subject to review in the Court of Appeals, New York State’s highest court.

New York State. Commissdion on Judicial Conduct, Annual Report 2009

May 12, 2009

Is Forensic Science Becoming Fragmanted and Less Reliable?

by David Badertscher

While most agree that forensic science is a critical element of the criminal justice system, there are increasing expressions of concern as to whether it is becoming fragmanted, less reliable, and urgently needs an infusion of financial and research support in order to remain viable.

These and related concerns have been discussed in a variety of books, journals as well as the web media. Of particular interest to many is the National Academy of Sciences Report on Forensics which addresses directly many of the points mentioned above. While I cannot link directly to that Report here I can link to the National Academy of Sciences (NAS) catalog where you can purchase a copy: http://www.nap.edu/catalog.php?record_id=12589 . There may be a free summary available at that site. The NAS Report is also discussed in some depth in an American Judicature Society Editorial at http://www.ajs.org/ajs/ajs_editorial-template.asp?content_id=797 Also recommended is the Comments on the Release of the NAS Report on Forensic Sciences by the American Society of Crime Laboratory Directors (ASCLD).

Recognizing the growing concern and importane of viable forensics, the New York Times has devoted most of the Science Section of its May 12, 2009 issue to what it calls the “New Forensics”. This issue contains a wide selection of articles addressing various aspects of forensic science as related to criminal justice. Links to a few are included in the listings below:”

May 7, 2009

CLE: PLI Corporate Compliance and Ethics Institute 2009

by David Badertscher

We received the following announcement today which is being posted for your information.

As regulators in the U.S. and around the world are issuing more stringent rules and strengthening their oversight, the current economic conditions are creating more challenges for compliance programs. At no time has promoting and maintaining an ethical corporate culture been as challenging and as essential for a companys survival, well-being, and success.

At PLI’s Corporate Compliance and Ethics Institute 2009, scheduled to be held in Chicago on May 20-21, 2009, in New York City and via Live Webcast on June 4-5, 2009, a distinguished faculty, drawn from major corporations, ethics organizations, law firms, academia, and the government, will give you the tools you need to advance or develop an effective compliance program. Experts in the field will discuss how to ensure that your companys compliance program satisfies the rigorous new standards.

May 7, 2009

Amazon Has Now Released the Latest Version of It’s Wireless eBook Reader: Kindle DX

by David Badertscher

Amazon has now released Kindle DX, a larger, more versatile veriion of its wireless Kindle ebook device. The new DX version has a larger display and a screen which rotates from portrait to landscape to view Web pages and spreadsheets, etc.

Kindle DX and other wireless ebook reading devices certainly do not portend the end of the tradional book as we know it; they are simply useful, but additional, methods of conveying information to readers.

Here are some of the features of the Kindle DX as listed by Amazon:

May 7, 2009

U.S. Said To Halt Program in New York to Detect Biological Attacks

by David Badertscher

Spencer S. Hsu writes in the May 7, 2009 Washington Post that according to U.S. officials “the Department of Homeland Security is dismanteling a next generation biological attack warning system in New York City subways because of technical problems. Click here to see entire article.