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A Report of the New York State Inspector General, Joseph Fisch, released on May 13, 2009 concluded that Herbert Titelbaum Executive Director of the New York State Council on Public Integrity and a close friend exchanged at least 165 phone calls and held regular dinners over a five month period in 2007, during which Mr. Titelbaum disclosed the progress and details of the inquiry conducted by the panel, the Commission on Public Integrity, into the handling by former governor Spitzer’s administration of the travel records of longtime Senate majority leader Joseph L. Bruno. Since the Report was released there have been calls for the resignation of Mr. Titelbaum

Below are links to two news articles which discuss the Report and its implications, followed by links to the Executive Summary and Findings of the Report, ending with a link to the complete Report itself:

New York Times Article May 13, 2009 “Paterson Asks Ethics Panel to Quit by Danny Hakim.

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In its preliminary statistics released on May 11, 2009 the FBI reports that 41 of our nation’s law enforcement officers were feloniously killed in the line of duty in 2008. All but five were killed with firearms. The number of officers feloniously killed was 17 fewer than in 2007. A more detailed explanation of these numbers is provided in the Press Release announcing the release of these statistics:

FBI Press Release May 11, 2007

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This enertaining article, Champagne Corks, Mickey Mantle & Muskets, is a May 10, 2009 posting by Adrian M. Baron on the Nutmeg Lawer blawg which is described as a blawg “…developed to share tips on law firm marketing, legal practice, office management and anything else that might pique your interest about the trials and tribulations of law practice.” Adrian Barron’s posting did certainly “pique” our interest and we thought you would enjoy it also.

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Tuesday May 19, 2009.

This teleconference is part of the ABA Recession Recovery Teleconference Series. Faculty will provide advice on how to strke just the right note on paper and in person to land a job. Free to ABA members.

For more information click here.

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May 12-13, 2009

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

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.

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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.

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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.

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May 4 -8, 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, 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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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.

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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

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