Criminal Law Library Blog

April 21, 2009

Findlaw Case Summaries: Second Circuit U.S. Court of Appeals 7. 04/21/2009

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CRIMINAL LAW & PROCEDURE, SENTENCING US v. Borden , No. 08-1625 Sentence for drug crimes is affirmed where the district court did not abuse its discretion in denying defendant a sentence reduction where: 1) defendant’s sentence was appropriate based upon his extensive criminal history and the need to protect society; and 2) the court did not erroneously rely upon its earlier decision not to resentence defendant as a the basis for the present denial.

CIVIL PROCEDURE, PER CURIAM, SECURITIES LAW Esquire Trade & Fin., Inc. v. CBQ, Inc., No. 07-1701 In an action for breaches of debenture-related agreements and for securities fraud, district court’s grant of summary judgment for defendant on grounds that plaintiff’s claims were barred by res judicata is vacated and remanded where the order dismissing the earlier action between plaintiff and a third party does not operate as a res judicata bar to the claims raised in the present action as the required privity between the third party and defendant is not present. Read more…

April 21, 2009

Findlaw Case Summaries: U.S. Supreme Court. 04/21/2009

by David Badertscher

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

ADMINISTRATIVE LAW, GOVERNMENT BENEFITS, MILITARY LAW Shinseki v. Sanders, No. 07-1209 In an application for veterans’ disability benefits, the Court of Appeals for the Federal Circuit’s holding that the Department of Veterans Affairs erred in denying benefits is reversed, where the Federal Circuit’s “harmless-error” framework conflicts with 38 U.S.C. section 7261(b)(2)’s requirement that the Veterans Court take “due account of the rule of prejudicial error.”

CIVIL PROCEDURE, DISPUTE RESOLUTION & ARBITRATION, GOVERNMENT LAW, INJURY AND TORT LAW, INTERNATIONAL LAW, JUDGMENT ENFORCEMENT Ministry of Def. v. Elahi, No. 07-615 In an action seeking to attach a judgment obtained by Iran, the District Court’s order permitting the attachment is reversed, where Plaintiff could not attach the judgment because he waived his right to do so, as the U.S. paid Plaintiff as partial compensation for his judgment against Iran under the Victims of Trafficking and Violence Protection Act

April 21, 2009

Findlaw Case Summaries: Criminal Law and Procedure 16

by David Badertscher

April 13 – April 17, 2009

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U.S. 1st Circuit Court of Appeals, April 17, 2009 US v. Vasco , No. 07-1520 Conviction and sentence for using interstate commerce facilities in the commission of murder-for-hire is affirmed where: 1) the district court did not err in declining to issue an entrapment instruction as defendant failed to produce the requisite evidence of government inducement; 2) there sufficient evidence to support a conviction on use of interstate commerce facilities in the commission of murder-for-hire based on defendant’s conditional intent to murder his daughter; and 3) the court did not commit sentencing error.

April 21, 2009

Findlaw Case Summaries: Constitutional Law 13

by David Badertscher

April 13 – April 17, 2009

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U.S. 2nd Circuit Court of Appeals, April 16, 2009 Matar v. Dichter, No. 07-2579 In an action broungt by survivors of Israeli bombing in Gaza, seeking damages for war crimes and violations of international law, district court’s dismissal of plaintiff’s claims for lack of jurisdiction on grounds that defendant is immune from suit under the Foreign Sovereign Immunities Act is affirmed where, although questions exist as to whether the Act applies to former officials like defendant or not, common law principles that predate and survive the enactment of the Act still apply and recognize the immunity of former foreign officials for acts performed in their official capacity.

April 21, 2009

New York Legislation: Update to Legislation Regarding Rockefeller Drug Law Reform

by David Badertscher

On March 30, 2009 we posted information on this blawg about the historic agreement reached by New York lawmakers regarding reform of the Rockefeller drug law. Since that time there has been significant activity related to his effort including the signing of Chapter 56 of 2009 by the Governor on April 7, 2009. Although Chapter 56 is considered as primarily related to budget matters it contains significant material related to the Rockefeller Law reform initiatives.

For your information this posting includes links to those parts of the aforementioned legislation which appear to be relevant to the Rockefeller Drug Law reform issue. The links are to items I have posted on the New York Supreme Court Criminal Term Library Blog:

http://www.bloglines.com/blog/PLL?id=12751 for Part AAA of Chapter 56 of 2009.

April 13, 2009

Q&A: Serial Volumes Received with Accompanying Flash Drives: How Should Libraries Respond?

by David Badertscher

At least one publisher appears to be experimenting with issuing flash drives to accompany at least some of the serial volumes they publish. How, or should, libraries process flash drives received in this matter and incorporate them into their collections. Below is a question posed via e-mail by someone actually receiving such materials and some responses and recommendations:*

QUESTION:

“Recently our library received an ABA serial, the 23rd Annual National Institute on White Collar Crime, with an accompanying flash drive. We have not received flash drives with print material before, and since this is sure to be a trend, I wanted to find out how others are handling this situation. The flash drive contains the contents of the entire volume, plus some unique material not replicated in the serial volume. Since we’d prefer to keep the information on the flash drive and the book together, one potential idea was to burn the flash drive contents to a CD-ROM and insert the disc in the back of the book.”

April 13, 2009

Electronic Court Records Conference: Seattle, Washington

by David Badertscher

The King County Superior Court Clerk’s Office 2nd Annual Electronic Court Records Program Conference will be held August 4-6,2009 in Seattle, WA. This is a free program.

DESCRIPTION:

King County Superior Court Clerk’s Office proudly presents

April 13, 2009

William S. Hein Publications: Special Pricing for National Library Week

by David Badertscher

April 12-18, 2009

William S. Hein & Co., Inc. is pleased to offer special pricing on a selection of our newest and best selling titles during National Library Week!

Purchase ONE title and receive 10% off

April 13, 2009

New York Appellate Criminal Cases Originating from the New York Supreme Court NY County. April 13, 2009.

by David Badertscher

Update from the Lexis Alert Service,

April 13, 2009.

1. People v. Gagot, 277, 6919/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2724; 2009 N.Y. App. Div. LEXIS 2591, April 9, 2009, Decided, April 9, 2009, Filed, 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.

April 13, 2009

Findlaw Case Summaries

by David Badertscher

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

April 6-10, 2009:

U.S. Supreme Court, April 06, 2009 Corley v. US, No. 07-10441 Defendant’s bank robbery conviction is vacated, where the District Court erred by denying Defendant’s motion to suppress his confession under McNabb v. US, 318 U.S. 332 (1943), and Mallory v. US, 354 U.S. 449 (1957), based on the government’s delay in bringing him before a judge, where 18 U.S.C. section 3501 modified McNabb-Mallory but did not supplant it. …

U.S. 1st Circuit Court of Appeals, April 09, 2009 US v. González-Castillo , No. 07-2134 Sentence for unlawfully entering the U.S. after being previously deported is reversed and remanded where a clear and obvious error occurred when the court based defendant’s sentence on unsupported factual assertions, such that the error affected the defendant’s substantial rights and impaired the fairness of defendant’s sentence. .

U.S. 2nd Circuit Court of Appeals, April 06, 2009 US v. Hertular, No. 07-1453 Conviction for drug and drug-related crimes is affirmed in part, reversed in part, and vacated and remanded where: 1) the evidence was insufficient to support defendant’s conviction for forcibly impeding or intimidating a federal officer under 18 U.S.C. sec. 111(a)(1) as the agents were not being threatened with immediate harm; 2) defendant’s sufficiency challenge to his obstruction of justice conviction was patently without merit; 3) there was no plain error in the district court’s jury instructions regarding the specific intent element of the obstruction of justice charge; and 4) although defendant’s sentence is vacated in light of the reversal of his sec. 111 conviction, there is still no merit to defendant’s procedural challenges to his sentence.
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