New York Law Journal | Analysis
By William F. Johnson | October 31, 2018
Corporate Crime columnist William F. Johnson writes: Can the guilty plea allocution of a corporation be admitted against an individual defendant in a criminal trial to prove the existence of a conspiracy? A recent evidentiary ruling in the Southern District of New York suggests it can, provided that “signatories” to the corporate plea agreement are available for cross-examination.
New York Law Journal | Analysis
By Martin A. Schwartz | October 30, 2018
In his Section 1983 Litigation column, Martin A. Schwartz continues his analysis of cases involving the use of Tasers. He writes: The critical Fourth Amendment issue is whether, under the totality of the circumstances facing the officer, the officer's use of her Taser was reasonable. In this column we identify the relevant circumstances in the totality of the circumstances, analyze their significance, describe discernible patterns in the decisional law, and discuss significant recent §1983 Taser decisions.
New York Law Journal | Analysis
By Professor Martin A. Schwartz | October 29, 2018
In his Section 1983 Litigation column, Martin A. Schwartz describes how Tasers operate and reviews the general Fourth Amendment and qualified immunity principles governing §1983 excessive force claims.
By Ian Lopez | October 26, 2018
The court agreed with appellant's argument that a magistrate judge issued a warrant beyond their scope, but found the investigators acted in good faith in executing the warrant.
The Legal Intelligencer | News
By Zack Needles | October 25, 2018
The justices ruled 4-3 to reverse a unanimous Superior Court decision upholding a Centre County trial judge's denial of defendant Randy Valdivia's motion to suppress all evidence seized from his vehicle during the traffic stop.
New York Law Journal | Analysis
By Vera M. Kachnowski and Peter J. Sluka | October 25, 2018
International Criminal Law and Enforcement columnists Vera M. Kachnowski and Peter J. Sluka write: Recent enforcement actions from U.S. and U.K. regulators highlight the risks companies face if their cybersecurity measures are deemed inadequate.
By Katheryn Tucker | October 24, 2018
“We find the evidence sufficient, but reverse her convictions because the trial court erred by admitting evidence of the subsequent act,” Presiding Judge Sara Doyle said.
By Jason Grant | October 24, 2018
An Appellate Division, Fourth Department panel has ruled that then-Monroe County Court Judge Stephen Sirkin “violated the core requirements of CPL 310.30 in failing to advise counsel … of the contents of a substantive jury note."
By Andrew Denney | October 23, 2018
In a suit filed in Manhattan Supreme Court, criminal defense attorney Andrew Stengel says he has personal knowledge of such a list from his previous stint as a prosecutor in Manhattan DA Cyrus Vance Jr.'s office and from statements that a prosecutor made during criminal proceedings for one of Stengel's clients.
By Jason Grant | October 23, 2018
Calling “retention orders” of any person a “basic liberty issue,” an Appellate Division, First Department panel wrote that the defendant, “Marco G.,” did not waive his jury-rehearing right because his attorney called him "dangerous" during a court hearing.
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