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New York Law Journal | Analysis
By Martin A. Schwartz | May 3, 2022
In this edition of his Section 1983 Litigation column, Martin A. Schwartz continues his analysis of circuit decisions evaluating police use of force against persons suffering from mental illness, focusing here on a recent Sixth Circuit decision in which the officer employed both Taser and deadly force.
New York Law Journal | Analysis
By Martin A. Schwartz | May 3, 2022
In this edition of his Section 1983 Litigation column, Martin A. Schwartz begins his analysis of circuit decisions evaluating police use of force against persons suffering from mental illness, focusing here on decisions from the First, Fourth and Ninth circuits in which officers employed Taser force against an individual suffering from mental illness.
By Avalon Zoppo | May 2, 2022
The man argued his rights to counsel and allocution were violated when he was muted twice during a remote sentencing hearing.
By Meghann M. Cuniff | April 26, 2022
Orange County Superior Court Judge Michael Murray faces possible removal from the bench in a Commission on Judicial Performance hearing underway this week in Santa Ana.
By Colleen Murphy | April 22, 2022
The appeals court said the lower court "erred by misapplying the foregone conclusion standard and importing Fourth Amendment principles into what is purely a Fifth Amendment inquiry."
By Brian Lee | April 21, 2022
The high court heard the case after the Appellate Division, Second Department reversed a conviction in a 3-2 vote, ruling the screenshots were improperly admitted. It said the text messages themselves were insufficient to establish the defendant's identity as their author.
New York Law Journal | Commentary
By Daniel Pollack and Helene M. Weiss | April 21, 2022
A small number of states have banned police from lying or being deceptive when interrogating minors. New York should follow suit.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | April 19, 2022
In 'Ferreira v. City of Binghamton', the New York Court of Appeals answered a certified question from the Second Circuit concerning the showing that a plaintiff must make in order to hold a municipality liable when its police force negligently plans and executes a no-knock search warrant.
By Andrew Goudsward | April 18, 2022
Elizabeth Oyer will lead an office expected to play a key role in the Biden administration's use of pardons and commutations after being largely sidelined by the Trump White House.
By Allison Dunn | April 14, 2022
The Massachusetts high court has weighed in on prosecutors' practice of seeking continuances until a delinquent juvenile turns 18 so that they become eligible to remain in custody until age 19.
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