John Caher

July 21, 2014 | New York Law Journal

In an era when science is bombarding civil and criminal courts and judges are frequently asked to ponder theories posited by expert witnesses, more jurists are going back to school for crash courses in genetics and other sciences.

By John Caher

9 minute read

July 18, 2014 | New York Law Journal

The appointments will give former Court of Appeals Judge Carmen Beauchamp Ciparick and former Second Department Justice Barry Cozier key roles in the selection of judges to the civil, criminal and family courts in New York City.

By John Caher

2 minute read

July 18, 2014 | New York Law Journal

A man serving 20 years to life for murder will get a new trial because the judge failed to tell jurors that a robbery victim is justified in using deadly force against an assailant who is not presenting a lethal threat.

By John Caher

5 minute read

July 17, 2014 | New York Law Journal

Attorney General Eric Schneiderman has about seven times more in his election coffers than Republican nominee John Cahill, but the challenger's campaign said his fundraising efforts are right on target.

By John Caher

2 minute read

July 17, 2014 | New York Law Journal

A Fourth Department panel criticized a prosecutor's "pervasive misconduct" during closing arguments as it overturned a burglary conviction on other grounds. The decision is among several appellate rulings in recent months in which courts have admonished prosecutors from various counties to watch their step.

By John Caher

3 minute read

July 16, 2014 | New York Law Journal

A deeply divided appellate panel has upheld a 25-year state prison term imposed on a defendant who would have faced no jail time if he'd been a mere six months younger when he committed his crimes.

By John Caher

5 minute read

July 15, 2014 | New York Law Journal

An upstate appellate panel has unanimously affirmed an unjust conviction award to a man who falsely confessed to attempted murder after State Police interrogated him for 15 hours and told him he would never see his wife or five young children again unless he came clean.

By John Caher

8 minute read

July 15, 2014 | New York Law Journal

A statute that permits medical experts to issue anonymous opinions during "trial preparation" does not extend to the moving party in a summary judgment motion, a unanimous upstate appellate panel has held.

By John Caher

5 minute read

July 14, 2014 | New York Law Journal

The Office of Court Administration is soliciting comment on two proposed rule changes, one that would require letters of engagement to advise clients that information on ADR options is available on the court system website and one dealing with the filing and e-filing of death certificates.

By John Caher

1 minute read

July 11, 2014 | New York Law Journal

Attorney General Eric Schneiderman on Thursday issued an open letter to law enforcement advising them to enforce reproductive health clinic buffer zone laws regardless of a Supreme Court decision that struck down a similar statute in Massachusetts.

By John Caher

2 minute read