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13 Nov 2008, 12:01 am
  The only cases where the Court has upheld Section 5 legislation against this standard have been where the legislation either benefitted a class that gets heightened equal protection scrutiny (Nevada Dept of Human Resources v. [read post]
21 Oct 2008, 9:33 pm
The NAACP Legal Defense Fund announces: Today, the NAACP Legal Defense Fund (LDF) settled the lawsuit it filed against the Alabama Department of Corrections in federal court earlier this month on behalf of Reverend Kenneth Glasgow. [read post]
17 Oct 2008, 11:05 am
Sept. 29, 2008) demonstrates the amount of deference that is given to appointing authorities with respect to a determination of fitness to work.A correction officer sought to vacate a finding that he was psychologically unfit. [read post]
10 Oct 2008, 9:03 pm
Since Corrections officials must follow the terms of a certificate of conviction, it is critical that appeals attorneys review the certificate of conviction and determine if it accurately reflects the appellant's convictions and sentences. [read post]
10 Oct 2008, 8:45 pm
For example, in February 2008, we noted that the Court in People v Smith (2008 NY Slip Op 00904 [4th Dept 2008)held that [W]e agree with defendant that the court erred in calculating the expiration date of the order of protection without taking into account the jail time credit to which she is entitled (see People v Clinkscales, 35 AD3d 1266, 1267; People v Hare, 27 AD3d 1171, 1172, lv denied 6 NY3d 892, 894, 898). [read post]
6 Oct 2008, 7:30 am
Co.(4th Dept., decided 10/3/2008)With the assistance of its agent, Gui's Lumber & Home Center procured a commercial insurance policy from Pennsylvania Lumbermens Mutual for what it thought covered its several buildings. [read post]
2 Oct 2008, 8:55 am
My friends at the Workplace Prof Blog take Judge Posner's side: It seems that Judge Posner is correct. [read post]
29 Sep 2008, 2:59 am
Once a conviction occurs, the trial court orders the county probation dept to do an investigation and report on the defendant before sentencing. [read post]
24 Sep 2008, 9:53 pm
In People v Ballerstein 2008 NY Slip Op 05127 [4th Dept 6/6/08], a decision sure to be cited often, the Fourth Department held that, despite not being preserved for review, the cumulative effect of evidentiary errors and prosecutorial misconduct deprived the defendant of his right to a fair trial and required reversal. [read post]
24 Sep 2008, 9:20 pm
In fact, the other three Appellate Divisions have all issued similar decisions (People ex rel Lewis Ward, __ AD3d __, 2008 WL 2051102 [1st Dept 5/1/08]; People ex rel Gerard v Kralik, 2008 NY Slip Op 04895 [2nd Dept 5/27/08]; Prendergast v NYS Dept of Corrections, __ AD3d __, 2008 WL 1902192 [3d Dept 5/1/08]).Seems pretty clear. [read post]
24 Sep 2008, 9:17 pm
As the Court of Appeals has written, "[b]ecause CPL 380.20 and 380.40 collectively provide that only a judge may impose a [postrelease supervision] sentence, we conclude that DOCS may not do so" (Matter of Garner v New York State Dept. of Correctional Servs., ___ NY3d ___, ___ [Apr. 29, 2008]). [read post]
24 Sep 2008, 5:42 pm
Indiana Dept. of Correction, et al., a 7-page opinion, Sr. [read post]
23 Sep 2008, 6:23 am
***Correction: Late this afternoon, the prolix Ray Zuppa claimed ownership of the invective and ad hominen attacks. [read post]
19 Sep 2008, 12:05 pm
The nominally private charter or status of the entities in question is not determinative, however (see Smith, 92 NY2d at 713-716; Holden v Board of Trustees of Cornell Univ., 80 AD2d 378, 380-381 [3d Dept 1981]). [read post]
14 Sep 2008, 7:56 pm
Ross Correctional    Northern District of Ohio at Toledo [read post]