By newyorklawjournal | New York Law Journal | July 11, 2017
N.Y. Assault, S.C. Burglary Crimes Do Not Satisfy ACCA Force Clause; 180-Month Sentence Vacated
By Marcos Martinez | July 10, 2017
A man who considered himself the Pablo Escobar of gold smuggling and two other former workers at a Miami-area refinery imported more than $1 billion in illegally mined gold from South America in a vast money-laundering scheme from 2013 to 2016, U.S. prosecutors say.
By newyorklawjournal | New York Law Journal | July 10, 2017
Administrative Code §19-190 Not Preempted By Penal Law §15.05, Not Unconstitutional
By therecorder | The Recorder | July 10, 2017
C.A. 3rd; C083356 The Third Appellate District affirmed a judgment. The court held that a regulation providing that an inmate’s “serious…
By therecorder | The Recorder | July 10, 2017
Cal.Sup.Ct.; S231315 The California Supreme Court affirmed a district court judgment. The court held that local court protocol limiting the length of…
By Carolyn Thompson | July 10, 2017
After three defendants fatally overdosed in a single week last year, it became clear that Buffalo's ordinary drug treatment court was no match for the heroin and painkiller crisis. Now the city is experimenting with the nation's first opioid crisis intervention court, which can get users into treatment within hours of their arrest, requires them to check in with a judge every day for a month, and puts them on strict curfews. Administering justice takes a back seat to the overarching goal of simply keeping defendants alive.
By therecorder | The Recorder | July 10, 2017
9th Cir.; 15-60045 The court of appeals affirmed a decision of the Bankruptcy Appellate Panel. The court held that the Mandatory Victims Restitution…
By Martin A. Schwartz | July 10, 2017
In his Section 1983 Litigation column, Martin A. Schwartz writes that the U.S. Supreme Court recently overturned the Ninth Circuit's "provocation doctrine" on the ground that it was inconsistent with Fourth Amendment excessive force jurisprudence. The court held that whether officers who conduct an unconstitutional search are liable for injuries from their subsequent use of force depends upon the application of traditional proximate cause principles—but applying proximate causation in these circumstances is easier said than done.
By Elkan Abramowitz and Jonathan Sack | July 10, 2017
White-Collar Crime columnists Elkan Abramowitz and Jonathan Sack discuss the Crime Victim Rights Act, writing: To be sure, advocacy by putative victims can exert influence on prosecutors and courts in a manner that complicates defense of a white-collar case. At the same time, the rights of putative victims may, on occasion, give rise to disclosures that assist the defense.
By Samantha Joseph | July 7, 2017
Two attorneys mounted a protest in front of the Broward County Central Courthouse over the dismissal of criminal charges against a man accused of killing their relative.
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