By Andrew Denney | July 12, 2017
At a hearing Wednesday in Brooklyn to clear a man of his 20-year-old murder conviction for prosecutorial misconduct, there was plenty of blame to go around for what went wrong in the case.
By David Porter | July 11, 2017
Federal prosecutors in New Jersey have asked a judge to allow the mastermind of the 2013 George Washington Bridge lane-closing scheme to avoid prison when he is sentenced Wednesday because his testimony helped convict two former aides to Republican Gov. Chris Christie.
By newyorklawjournal | New York Law Journal | July 11, 2017
Ineffective Counsel Claims Rejected, §2255 Relief Denied; 35-Year Prison Term Stands
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 newyorklawjournal | New York Law Journal | July 10, 2017
Administrative Code §19-190 Not Preempted By Penal Law §15.05, Not Unconstitutional
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 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 Josefa Velasquez | July 7, 2017
The lawyer for Rochester City Court Judge Leticia Astacio, who received a 60-day jail sentence and three years of probation on a driving while intoxicated charge has filed an appeal of the sentence.
By Jason Grant | July 7, 2017
A man serving a 25-year sentence will get a new trial because Bronx prosecutors failed to obtain leave from the court before re-presenting his case to a grand jury, leading to an unlawful murder charge, an appeals court has ruled.
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