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Flawed “Interested Witness” Instruction Requires New Trial
22 Jul 2020, 9:43 am by Edward S. Zas
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
The “realistic probability” test has no role to play in the “categorical approach” when a state statute on its face is broader than the federal definition.
5 Jun 2020, 7:33 am by Edward S. Zas
In Williams v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Second Circuit Vacates 18 U.S.C. § 924(c) Conviction Based On Both Valid And Invalid Predicate Offenses.
28 Jun 2021, 12:13 pm by Daniel Habib
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Circuit Reverses Convictions For Aiding And Abetting VICAR Murder For Insufficient Evidence
19 Aug 2020, 8:31 am by Daniel Habib
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
A post-sentencing examination of previously seized electronic data does not violate the Fourth Amendment. And the subsequent prosecution of the defendant for producing child pornography – based on evidence discovered in that examination – is not barred by the prior plea agreement concerning his conviction for possessing child pornography.
29 Feb 2024, 11:50 am by Yuanchung Lee
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Second Circuit grants suppression motion and holds that reasonable suspicion for stop was not established by defendant’s match to suspect’s race, even in combination with other factors, because a description based primarily on race is not particularized enough to guard against police overreach or harassment.
17 Jul 2020, 11:14 am by Eunice Lee
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
3rd Circuit, 2-1, Affirms Dismissal of Church's Challenge To Delaware COVID-19 Limits
5 Jun 2020, 4:00 am by Howard Friedman
In Bullock v. [read post]
Religion Clause - http://religionclause.blogspot.com/
En Banc Second Circuit: A Naturalized U.S. Citizen Has A Sixth Amendment Right To Be Advised By Defense Counsel That He May Be Denaturalized And Deported As A Result Of His Guilty Plea.
5 Dec 2024, 11:09 am by Daniel Habib
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Second Circuit reverses and remands an order of restitution, imposed under the Mandatory Victim’s Restitution Act of 1996 (“MVRA”) — 18 U.S.C. § 3663A(a)(2), (c) — because the Government failed to prove, by a preponderance, the proximate cause element: i.e., that the losses to the victims were foreseeable to the defendant in the course of committing the “offense of conviction.” United States v. Goodrich, No. 19-208, __F.4th__ , 2021 WL 3889801 (2d Cir. Sept. 1, 2021) (C.J.J. Calabresi, Pooler, Carney).
13 Sep 2021, 10:57 am by Darrell Fields
” United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
[Eugene Volokh] Epidemiologist's Criticism of "Daysy" Fertility Tracker are Constitutionally Protected
28 Mar 2022, 2:51 pm by Eugene Volokh
Gross v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Thursday round-up
6 Sep 2018, 4:25 am by Edith Roberts
” At Education Week’s School Law Blog, Mark Walsh reports that Kavanaugh “called Brown v. [read post]
SCOTUSblog - http://www.scotusblog.com/
A Conversation with James Lobsenz, Part II: When to Appeal
3 May 2011, 11:09 am by By Erik Lundegaard
We'll be featuring a profile of James Lobsenz, a criminal defense and appellate lawyer with Carney Badley Spellman in Seattle, and the ACLU's cooperating attorney in the Witt v. [read post]
The Super Lawyers Blog - http://blog.superlawyers.com/
The government’s use of a former cellmate’s testimony to introduce a defendant’s statements about his planned trial strategy didn’t violate the Sixth Amendment right to the effective assistance of counsel where the witness wasn’t a government informant when the defendant confided in him. Also, a federal probation officer’s warrantless search of the home and car of a person “serving a term of supervised release” didn’t violate the Fourth Amendment because the probation officer needed only a “reasonable suspicion” to search, not a warrant or probable cause. United States v. Chandler, No. 18-1841, 56 F.4th 27 (2d Cir. [Dec. 27,] 2022) (C.J.J.’s Lynch, Carney, and Sullivan).
17 Jan 2023, 7:34 am by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Recent Prisoner Free Exercise Cases
1 Apr 2018, 7:21 pm by Howard Friedman
Carney, 2018 U.S. [read post]
Religion Clause - http://religionclause.blogspot.com/
Recent NJ Supreme Court Decision Signals Loss of Protection for Motorists Subject to Vehicle Searches
4 Dec 2015, 7:57 am by James S. Friedman, LLC
William Witt was pulled over on Route 48 in Carneys Point in Salem County in December 2012. [read post]
New Jersey Criminal & Collections Attorney Blog - http://www.newjerseycriminaldefenseattorney-blog.com/
Determining Whether Someone Is, or Is Not, an LLC Member Under Tennessee Law
22 Sep 2021, 1:15 pm by J. Ross Pepper
Heatherly v. [read post]
Tennessee Business Litigation Lawyers Blog - http://www.nashvillebusinesslitigationlawyersblog.com/
Charles Elson in the Financial Times re SB 313
15 Jul 2024, 6:45 pm by Steve Bainbridge
Instead, I agree with the points made by the Delaware Supreme Court inn Grimes v. [read post]
ProfessorBainbridge.com - http://www.professorbainbridge.com/professorbainbridgecom/
Audit sought by New York State Nurses Association Benefit Fund held within the scope of the Supreme Court's ruling in Central States, Southeast and Southwest Areas Pension Fund v. Central Transport, Inc.
20 Aug 2022, 6:00 am by Public Employment Law Press
*Judge Carney dissented in part in a separate opinion. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Audit sought by New York State Nurses Association Benefit Fund held within the scope of the Supreme Court's ruling in Central States, Southeast and Southwest Areas Pension Fund v. Central Transport, Inc.
20 Aug 2022, 6:00 am by Public Employment Law Press
*Judge Carney dissented in part in a separate opinion. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
SCOTUS Relies on lack of Standing to Uphold Delaware Judicial Balance Requirement
21 Dec 2020, 12:19 pm by DONALD SCARINCI
In Carney v. [read post]
Constitutional Law Reporter - https://constitutionallawreporter.com/