By Scott Flaherty | January 31, 2019
While Even Greebel serves out his sentence, the SEC and a court have suspended Greebel.
The Legal Intelligencer | News
By P.J. D'Annunzio | January 31, 2019
The Fourth Amendment rights of a driver who refused blood and breath testing and then was given enhanced sentencing were violated, the court said in remanding the case for resentencing.
New York Law Journal | Analysis|Expert Opinion
By Martin Flumenbaum and Brad S. Karp | January 29, 2019
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss how Second Circuit has generally taken the position that the use of handcuffs during 'Terry' stops converts the stop into an arrest, thereby triggering Miranda rights. That is, until its recent decision in 'U.S. v. Fiseku.'
New York Law Journal | Analysis
By Daniel R. Alonso | January 28, 2019
Part I of this two-part column examined the backdrop to the establishment late last year of the New York State Commission on Prosecutorial Conduct, as well as the scope of the new Commission's authority. Today's Part II examines the makeup of the Commission and its staff and the conduct of Commission proceedings, including its investigatory powers.
By Jonathan Ringel | January 25, 2019
Solicitor responds that the decision isn't "catastrophic."
By Timothy W. Hoover | January 25, 2019
District judges can vary from the U.S. Sentencing Guidelines for almost any reason, but the most common path to a sentence significantly below the Guidelines range is a downward departure under Guideline §5K1.1, which is the primary vehicle by which a criminal defendant's cooperation with federal authorities—his “substantial assistance”—is incentivized and rewarded. The basic procedure is the same in every district. Yet cooperation yields different results depending on the district.
New York Law Journal | Analysis
By Daniel R. Alonso | January 25, 2019
In Part I of a of two-part article, the author examines the scope of authority of the New York State Commission on Statewide Attorney Discipline.
New York Law Journal | Letter to the Editor
By Joseph Bellacosa | January 25, 2019
Each member of an appellate tribunal should deeply appreciate that she or he constitutes but a part of the total entity; and each jurist is thus entrusted to serve the higher purpose, not that of a momentary attention-grabber.
Connecticut Law Tribune | News
By Robert Storace | January 25, 2019
The Connecticut Supreme Court has a full docket—at least 20 cases—for its February session, weighing criminal matters and First Amendment questions, among other issues.
New York Law Journal | Letter to the Editor
By Lawrence K. Marks | January 25, 2019
Among the range of factors the administrative board considers is how Appellate Division (and Supreme Court) justices' decisions have fared on appeal, an entirely appropriate and relevant factor that has long been evaluated in the certification process.
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