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New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | February 20, 2024
The Court of Appeals had a relatively quiet January and released four opinions. In 'People v. Messano', it considered whether the police had reasonable suspicion to detain the defendant and whether the People met their burden of showing that drug-related contraband should not be suppressed because the evidence was in plain view.
New York Law Journal | Analysis|Letter to the Editor
By Thomas R. Newman | February 20, 2024
Thomas R. Newman of Duane Morris suggests that an increase in the number of criminal appeals heard and decided by the New York Court of Appeals is welcome.
By Andrew Denney | February 16, 2024
The five-judge panel heard arguments in appeals for a host of civil matters, including a fraud lawsuit involving the Stardust Diner in Manhattan, which is famous for its show tune-singing wait staff; and a suit that former Fox News anchor Andrea Tantaros filed against her ghost writer.
By Marianna Wharry | February 16, 2024
The panel partially reversed the U.S. District Court for the Central District of California's denial of defendant Brett Wayne Parkins' motion to suppress a search of his apartment when officers from the Huntington Police Department questioned him for aiming a laser pointer at an aircraft.
By Jane Wester | February 15, 2024
A Second Circuit panel composed of Judges Amalya Kearse, Dennis Jacobs and Steven Menashi has been deliberating on the future of Benjamin's bribery and fraud charges since oral arguments in May.
By Brian Lee | February 14, 2024
Weinstein's appeal centers on whether "Molineux" evidence—details about prior uncharged crimes involving a defendant—was properly admitted in the case.
By The Associated Press | February 13, 2024
Eric Robert Rudolph remains bound to the terms of his 2005 plea agreement in which he accepted multiple life sentences to escape the death penalty.
By Cedra Mayfield | February 12, 2024
"If we give police officers the idea that they can illegally access a cellphone, see whatever's on there and then go get a warrant based upon the warrantless stuff that they've seen, they can reverse engineer enough probable cause," argued appellant counsel John Jay McArthur.
By The Law Journal Editorial Board | February 9, 2024
We know that Oklahoma and Mississippi have approved use of the nitrogen hypoxia execution method but not yet carried it out. Ohio and Louisiana are among the states that are considering it. We hope that none of them fall prey to the Alabama attorney general's hucksterism.
New York Law Journal | Analysis
By Thomas Kissane and John Moore | February 8, 2024
This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Kiyo A. Matsumoto denied defendant's motion to withdraw his guilty plea and dismiss the indictment charging him as a felon in possession. Judge Frederic Block dismissed an action for a declaration holding New York's ban on assault weapons unconstitutional. Magistrate Judge Lee G. Dunst granted a motion to disqualify counsel.
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