Criminal Law Library Blog

December 11, 2008

New York Police Officer to be Charged in Sodomy Case

From: Quinlan Law Enforcement Enews Alert, December 11, 2008:

“A New York City police officer is expected to be charged with beating and sodomizing a man with a police baton on a subway platform. A lawyer for the officer, who is accused of being the leader in the assault, said his client has been ordered to surrender to police for processing and arraignment. The victim, who works at a tattoo parlor, claims he was approached by several uniformed officers in the early afternoon in Brooklyn’s Prospect Park on suspicion he was smoking marijuana. The officers followed the man into a nearby subway station, where they allegedly forced him to the ground, handcuffed him, and then assaulted him with the baton. The incident has sparked charges of police brutality similar to the case of Abner Louima, a Haitian immigrant who was attacked with a broomstick in a Brooklyn police station in 1997. The officer charged maintains his innocence and has been placed on modified assignment.”

Source: Reuters

December 11, 2008

New York: U.S. v Spargo

by David Badertscher

Findlaw Breaking Legal Document, December 10, 2008:

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

Former New York Judge Indicted for Attempted Extortion and Bribery

December 11, 2008

New York Supreme Court Appellate Division First Department Criminal Cases Originating from the New York Supreme Court NY County. December 8 & 11, 2008.

by David Badertscher

Update from the Lexis Alert Service, Search run morning of December 8 & 11, 2008.

1. People v. Torain, 4746, 6001/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9485; 2008 N.Y. App. Div. LEXIS 9175, December 4, 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 …

December 11, 2008

ALA: American Libraries Direct

by David Badertscher

An e-Newsletter of the American Library Association.

December 10, 2008

Libraries nix dissed Christmas displays

December 9, 2008

Illinois Governor Arrested: US v. Blagojevich

by David Badertscher

Findlaw Breaking Document: December 9, 2008.

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

Illinois Governor Arrested for Trying to Sell Obama’s Senate Seat

December 5, 2008

ABA Publication Announcement: The Electronic Evidence and Discovery – Forms, Checklists and Guidelines

by David Badertscher

By Sharon D. Nelson, Bruce A. Olson, and John W. Simek

E-Discovery and the use of electronic evidence has increased dramatically over the past few years, but many lawyers still struggle with the complexities of dealing with electronic information. This comprehensive book provides lawyers with the templates they need to develop an effective E-Discovery strategy, and to frame appropriate E-Discovery requests. In addition to the ready-made forms, the authors also supply helpful information and commentary to bring you rapidly up to speed in the electronic discovery field. This title has been drafted in accordance with the new Amendments to the Federal Rules of Civil Procedure so you can be assured it’s up to date. The accompanying CD-ROM features over 70 forms in Word format including…

Interrogatories – Basic to Advanced

December 5, 2008

ABA Criminal Justice Section Conference: Ethics: Politics and Public Corruption

by David Badertscher

The American Bar Association Criminal Justice Section and the Alabama State Bar Association Present

Ethics – Politics and Public Corruption

April 3, 2009 Ross Bridge Golf Resort and Spa, Birmingham, Alabama

December 5, 2008

ABA Journal Weekly Newsletter. December 5, 2008.

by David Badertscher

Week ending December 5, 2008

New York Supreme Court Appellate Division First Department Criminal Cases Originating from the New York Supreme Court NY County. December 4, 2008.

by David Badertscher

Update from the Lexis Alert Service, Search run morning of December 4, 2008.

1. People v. De La Rosa, 4706, 3687N/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9451; 2008 N.Y. App. Div. LEXIS 9100, December 2, 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 …

December 3, 2008

Findlaw Case Summaries: Second Circuit U.S. Court of Appeals 2

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, IMMIGRATION LAW Diallo v. US Dept. of Justice, No. 073649 Petition for review of decision denying native citizen of Guinea asylum, withholding of removal, and relief under the Convention Against Torture (CAT), is granted where: 1) given the presence of errors in the Board of Immigration Appeals’ decision as to issues that were properly exhausted and the plausibility of other newly claimed errors, remand to the BIA would not have been futile; and 2) there were sufficient exhausted flaws in the reasoning of the Immigration Judge’s adverse credibility determination to warrant a remand, and the court could not confidently predict the same outcome if there were further agency reconsideration. Read more…

CIVIL PROCEDURE, CLASS ACTIONS, GOVERNMENT LAW, INSURANCE LAW Shady Grove Orthopedic Assoc. v. Allstate Ins. Co., No. 070141 In a class action claim for statutory penalties under section 5106(a) of New York insurance law against defendant-Allstate Insurance Company, grant of motion to dismiss is affirmed where: 1) section 901(b) of the New York Civil Practice Law and Rules may be applied in a federal court sitting in diversity jurisdiction and adjudicating claims under state law; and 2) section 5016(a) did not fall within the exception clause of section 901(b).