Libraries are bridges to information and knowledge.

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By Cynthia H. Cwik and Clifton T. Hutchinson

“This eighth book in the best-selling monograph series offers a complete update of Monograph No. 6 focusing entirely on state and federal court expert evidence issues, including the Daubert-Joiner-Kumho Tire trilogy. The easy-to-read format provides quick access to the governing expert evidence rules in federal and state courts throughout the United States. The monograph consists of papers from each of the federal circuits. These papers analyze and summarize the key cases in each circuit and the state courts within the circuit. The book also includes in-depth commentary on the qualifications and increased scrutiny of experts, and the jurors’ perception of expert testimony. New to this edition is an invaluable list of scientific evidence resources on the web by Carol Henderson. ”

Additional Details:

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From the ABA Criminal Justice Section: http://www.abanet.org/crimjust

United States v. Hayes (No. 07-608)

“The court released an opinion regarding the prohibition on possession of a firearm by convicted felons to include persons convicted of a misdemeanor crime of domestic violence. Police officers discovered a rifle in respondent Hayes’s home. Hayes was charged with possessing firearms after having been convicted of a misdemeanor crime of domestic violence. He was previously convicted for battery in 1994 against his then-wife. Hayes moved to dismiss the indictment on the ground that his past conviction did not qualify as a predicate offense because West Virginia’s generic battery law did not designate a domestic relationship between aggressor and victim as an element of the offense. When the District Court denied the motion, Hayes entered a conditional guilty plea and appealed. The Fourth Circuit reversed, holding that a §922(g)(9) predicate offense must have as an element a domestic relationship between offender and victim.”

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Update from the Lexis Alert Service,

March 2, 2009.

1. People v. Becoate, 5345, 4009/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1401; 2009 N.Y. App. Div. LEXIS 1347, February 26, 2009, Decided, February 26, 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 (Robert H. Straus, …

2. People v. Galarza, 5384, 2120/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1427; 2009 N.Y. App. Div. LEXIS 1362, February 26, 2009, Decided, February 26, 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.), …

3. People v. Garcia, 5352, 3907/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1407; 2009 N.Y. App. Div. LEXIS 1397, February 26, 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 (Michael Obus, J.), …

4. People v. Albright, 4699, 4061/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1397; 2009 N.Y. App. Div. LEXIS 1360, February 26, 2009, Decided, February 26, 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 (Robert M. Stolz, …

5. People v. Butler, 5367, 5199/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1416; 2009 N.Y. App. Div. LEXIS 1358, February 26, 2009, Decided, February 26, 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 (Eduardo Padro, J.), …

6. People v. Martinez, 5374, 2875/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1420; 2009 N.Y. App. Div. LEXIS 1384, February 26, 2009, Decided, February 26, 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 (Ronald A. Zweibel, …

7. People v. Vallevaleix, 4921, 511/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10203; 57 A.D.3d 412; 869 N.Y.S.2d 846; 2008 N.Y. App. Div. LEXIS 9955, December 30, 2008, 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 (Marcy L. Kahn, …
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To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

February 21 – February 27, 2009
U.S. Supreme Court, February 24, 2009 Ysursa v. Pocatello Educ. Ass’n., No. 07-869 In a First Amendment challenge to a law prohibiting public employees from making payroll deductions for political activities, summary judgment for Defendant is affirmed, where the First Amendment does not confer a right to use government payroll mechanisms for political expression.

U.S. 1st Circuit Court of Appeals, February 25, 2009 Del Gallo v. Parent, No. 08-1511
In a case involving First Amendment rights and the right to campaign on a post office sidewalk, grant of defendant’s motion for summary judgment is affirmed where: 1) the post office sidewalk is not a traditional public forum; 2) the regulation barring candidate’s election campaigning on a post office sidewalk is viewpoint neutral and reasonable to prevent abuses and to preclude any appearance of partisan endorsement or preference; and 3) there is insufficient evidence of a pattern of selective enforcement before plaintiff’s arrest, and the regulation has been consistently applied since then.

U.S. 1st Circuit Court of Appeals, February 27, 2009 Poirier v. Massachusetts Dept. of Corr. , No. 08-1290
In a civil rights action, district court’s dismissal of plaintiff’s complaint for failure to state a claim is affirmed where enforcement of a Department of Corrections rule prohibiting unauthorized personal contact with former inmates did not violate plaintiff’s constitutional right to intimate association because the rule is a rational means of promoting the legitimate government interest in prison security. District court’s dismissal of plaintiff’s suit against the DOC on sovereign immunity grounds and claim for damages is affirmed.
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To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

February 21 – February 27, 2009
U.S. Supreme Court, February 24, 2009 US v. Hayes, No. 07-608 Defendant’s conviction for possessing a firearm under 18 U.S.C. section 921 is affirmed, where a domestic relationship between the offender and victim need not be an element of the defendant’s “misdemeanor crime of domestic violence” to trigger Section 921’s possession ban. .

U.S. 1st Circuit Court of Appeals, February 24, 2009 US v. Rodriguez-Lozada , No. 06-1988 Defendant’s convictions and sentences are vacated in part and otherwise affirmed where: 1) district court properly denied motion to suppress evidence for lack of standing as he had no reasonable expectation of privacy in the area searched; 2) motion for severance was properly denied as untimely; and 3) although evidence was sufficient to uphold most counts of defendant’s conviction, there was insufficient evidence to uphold convictions for possession of a firearm in furtherance of drug trafficking and aiding and abetting possession. Co-defendant Rivera’s sentence is affirmed where: 1) district court’s drug quantity calculation for sentencing purposes was well-supported by evidence and not clearly erroneous; 2) court correctly imposed statutory sentencing enhancement for co-defendant Rivera’s leadership role; and 3) the sentence was reasonable in light of his particular circumstances. .

U.S. 1st Circuit Court of Appeals, February 26, 2009 US v. Glover , No. 07-1983
Conviction and sentence for being a felon in possession of a firearm is affirmed where: 1) the prosecutor’s closing statements were not improper; 2) the court did not err in classifying defendant’s prior conviction for assault and battery with a dangerous weapon as a crime of violence under the sentencing guidelines; and 3) the sentence imposed was reasonable.
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Yesterday President Barack Obama presented his proposed budget for fiscal year 2010. The $3.6 trillion budget as presented represents a significant change in nearly 30 years of governing philosophy. The following are links to the 134 page budget booklet and selected accompanying documents:

President Obama’s Proposed Budget for Fiscal Year 2010

Tables of Budget Line Items to Accompany President Obama’s FY 2020 Budget

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The following is from the Introduction to the 2008 Annual Report: Committee on Libraries and Education Technology, New York State Assembly.* A link to the entire Report follows.

I. COMMITTEE JURISDICTION The Libraries and Education Technology Committee was created in 1997 under the leadership of Assembly Speaker Sheldon Silver. The Committee has jurisdiction over legislation introduced concerning the many issues affecting public, academic, school and private libraries.

The Committee develops and reviews legislation affecting the administration and funding of libraries and library systems across New York State. As today’s explosion in information technology has placed new demands on libraries, we are mindful of our responsibility to ensure that New York’s libraries will be able to meet the challenges of the information age. The work done by the Committee assists libraries to sustain the infrastructure and staff resources necessary to allow all New Yorkers access to technological advances available through New York’s vast library community.

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“The U.S. Department of Justice, Office of Justice Programs’ Bureau of Justice Assistance, in partnership with the National Institute of Justice, is pleased to announce it is seeking applications for funding under the Adult Drug Court Research to Practice Initiative. This program furthers the Department’s efforts to assist communities to develop effective drug court strategies for nonviolent substance-abusing offenders.”:

Here is a link to the Announcement:

http://www.ojp.usdoj.gov/BJA/grant/09DrugCourtResearchSol.pdf

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