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5 Jan 2015, 1:17 pm by Lyle Denniston
In the wave of court rulings following the Supreme Court’s July 2013 ruling in United States v. [read post]
28 Dec 2014, 1:34 pm by Brian Shiffrin
 Remember that if you are in a situation in which federal law is bad, argue that New York State's constitution is more protective of rights and make a state constitutional argument.The good news is that, as pointed out by Jamie Hobbs of the Monroe County Public Defender's Office, the current New York state case law is the opposite from the decision reached by the Supreme Court. [read post]
15 Dec 2014, 3:24 am by Peter Mahler
Even assuming that the operating agreement is invalid, the majority’s written consent to transfer the interest would govern (see Matter of Spires v Lighthouse Solutions, LLC, 4 Misc 3d 428, 433 [Sup Ct, Monroe County 2004]). [read post]
13 Dec 2014, 6:31 pm by Brian Shiffrin
Rankin, a case in which Judge John DeMarco presided in Monroe County Court, Rochester New York, the question of whether an indigent defendant had the same right to counsel as one who could afford to retain was answered. [read post]
7 Dec 2014, 6:33 pm by Brian Shiffrin
byJame Eckert, Esq.Assistant Monroe County Public Defender In People v Argryris ( _NY3d_, 2014 NY Slip Op 08220, 2014 WL 6633480 [ 11/25/14]), the Court of Appeals rendered a simple four-judge Memorandum decision on the issue of what constitutes Reasonable Suspicion in the context of an anonymous tip. [read post]
14 Nov 2014, 1:14 am by Allison Tussey
Attorney Preet Bharara stated: “The charges unsealed today describe a sweeping and cynical fraud. [read post]
7 Nov 2014, 5:52 am
  By our count, federal judges have trampled over state sovereignty with respect to the heeding presumption in no fewer than eleven states – Alaska, Colorado (despite contrary state-court authority), Georgia, Hawaii, Illinois, Iowa, Kentucky, Maine, New York (despite contrary state-court authority), South Dakota, and Wyoming.Finally, because various states have taken quite different approaches to whether a heeding presumption exists at all and… [read post]
29 Oct 2014, 4:16 pm by Amul Kalia
More importantly, it was reportedly frustration with the British resolution of 1785 authorizing the Department of Foreign Affairs to open and inspect any mail related to the safety and interests of the United States that led James Madison, Thomas Jefferson and James Monroe to write to each other in code.In fact, in the 1999 decision throwing out the government’s export regulations on encryption in EFF’s case Bernstein v. [read post]
27 Oct 2014, 5:40 am
As the court explains in the opening sentence of its opinion, the plaintiff in the civil suit,Regions Bank, d/b/a Regions Morgan–Keegan Trust (“the Bank”), as independent administrator of the estates of Sheri Coleman, Garett Coleman, and Gavin Coleman, appeals from an order of the circuit court of Monroe County dismissing with prejudice its claims against the defendant, Joyce Meyer Ministries, Inc., on the ground that the plaintiff failed to state any claim upon… [read post]
24 Oct 2014, 4:15 am by Howard Friedman
Photo News and Failed Messiah report on a New York state trial court decision handed down this week in Convers v. [read post]