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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/
Habeas corpus petition denied despite hearsay eyewitness testimony
7 Nov 2023, 6:37 am by Second Circuit Civil Rights Blog
The defendant loses the habeas petition.The case is Wilson v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Five Second Circuit Judges Dissent From Denial Of Rehearing En Banc On Whether RICO Predicate Offenses Must Be Factually Set Forth In The Indictment.
30 Oct 2023, 1:49 pm by Colleen Cassidy
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Angry Trump support is convicted of making murderous threats following 2020 election
25 Sep 2023, 7:00 am by Second Circuit Civil Rights Blog
The Court of Appeals reasons:Hunt emphatically stated his own violent intent. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
No attorneys' fees despite winning preliminary injunction
22 Sep 2023, 7:48 am by Second Circuit Civil Rights Blog
"The Second Circuit held years ago (Haley v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Second Circuit Affirms 18 U.S.C. § 115(a)(1)(B) Conviction And Sentence For Defendant Who Posted “Kill Your Senators” Video Online
20 Sep 2023, 10:25 am by Daniel Habib
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Drug-distribution premises sentencing enhancement applies to dealing drugs from premises formerly used as residence
6 Sep 2023, 2:58 pm by Kendra Hutchinson
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Jury may find DA's office did not accommodate plaintiff's disability: Tafolla Part II.
22 Aug 2023, 6:00 am by Second Circuit Civil Rights Blog
The Court of Appeals has reinstated a disability discrimination claim, holding that a jury may find that the Suffolk County District Attorney's Office failed to reasonably accommodate the plaintiff's disability, a back injury.The case is Tafolla v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
No religious discrimination when state eliminates religious exception to vaccine requirements
7 Aug 2023, 7:44 am by Second Circuit Civil Rights Blog
That ruling, Employment Division v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
2nd Circuit Upholds Connecticut's Repeal of Religious Exemptions from Vaccination Requirements
7 Aug 2023, 4:10 am by Howard Friedman
In We the Patriots USA, Inc. v. [read post]
Religion Clause - http://religionclause.blogspot.com/
Selected decisions distinguishing residence and domicile when determning eligibility for employment in the public service
22 Jul 2023, 6:00 am by Public Employment Law Press
Matter of Gigliotti v Bianco, 2011 NY Slip Op 02206. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Selected decisions distinguishing residence and domicile when determning eligibility for employment in the public service
22 Jul 2023, 6:00 am by Public Employment Law Press
Matter of Gigliotti v Bianco, 2011 NY Slip Op 02206. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A Divided Panel Of The Second Circuit Upholds A Barebones CCE Indictment That Identifies No Predicate Acts
12 May 2023, 11:09 am by Colleen Cassidy
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Circuit considers several summation misconduct claims, affirms in summary orders
9 May 2023, 11:11 am by Kendra Hutchinson
  During the main summation and rebuttal of United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
How to plead employment discrimination claims, Part II: intent to discriminate
18 Apr 2023, 4:00 am by Second Circuit Civil Rights Blog
The district court dismissed the case under Rule 12 for failure to state a claim, but the Court of Appeals (Sullivan, Chin and Bianco) reinstates the claim.How does this case fare under Littlejohn and Vega? [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
How to plead employment discrimination cases, Part I: adverse actions
17 Apr 2023, 6:06 am by Second Circuit Civil Rights Blog
 The case is Buon v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
[Eugene Volokh] Knowing/Reckless Falsehood Theories in "Large Libel Models" Lawsuits Against AI Companies
29 Mar 2023, 5:01 am by Eugene Volokh
If you just blithely ignore it, and publish the story despite having been told that it may well be mistaken, that would be textbook "reckless disregard," which would allow liability even in a public official case: Consider, for instance, Harte-Hanks Communications, Inc. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Inmate cannot sue jail over another inmate's assault
15 Feb 2023, 6:11 am by Second Circuit Civil Rights Blog
That's the rule in Darnell v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
[Eugene Volokh] Can Court Seal Details Related to Allegations of Misconduct by Federal Prosecutors?
21 Dec 2022, 11:07 am by Eugene Volokh
From Gannett Media Corp. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A good primer on federal abstention
18 Nov 2022, 6:24 am by Second Circuit Civil Rights Blog
 The case is Gentes v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/