Source: Crime and Justice News, October 30, 2007. Departing Philadelphia Police Commissioner Sylvester Johnson says likely mayor Michael Nutter's proposed "stop-and-frisk" policy would be a "disaster," reports the Philadelphia Inquirer. Johnson said Nutter's promise to invoke the more aggressive law enforcement strategy would undermine the community rapport that Johnson, 64, feels he has developed in six years on the job. He said the next commissioner "is going to have a problem" with discontent - or worse, civil unrest - if that goodwill is undermined. " 'What he's saying, too, is that he wants a police commissioner to be harder. Well, harder on what?' Johnson told the Inquirer 'Do you think locking people up is making a difference?' Johnson's remarks were his most pointed rebuke of Nutter's effort to make a campaign issue out of the Police Department's response to the…
Philidelphia Police Commissioner" "Stepped-Up Stop and Frisk Will Be Disaster"
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High Profile Courtroom Cases in New York State are Increasingly Filled With Jurors Whose Mind Sets Are Influenced by the CSI Effect
Source:http://www.lexisone.com   "High-profile courtroom cases in New York stare are increasingly filled with jurors whose mind-sets are influenced by the CSI EFFECT, The Times Union (Albany, New York) AlbanyIn the late 1970s, when Mark Harris became a prosecutor in Rensselaer County, elaborate tales of forensic science never battled "Fantasy Island" for supremacy of the airwaves.And nobody sought samples of DNA to send killers to prison. As far as..." [www6.lexisnexis.com]
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Web 2.0 Summit Looks At Innovation
Source: Crime and Justice Newsletter, October 17, 2007. Web 2.0 Summit Looks At Emerging Frontiers Of Innovation"Big-name speakers are on tap, business deals and new products are expected to be announced, and the impact new Web technologies are having on established industries will be analyzed at the Web 2.0 Summit." Related Stories:Web 2.0 Summit CoverageBlog: Expect Big Things From Rupert Murdoch, Nokia At Web 2.0 SummitFacebook Opens Its PlatformMicrosoft's Biggest Threat: MySpace?Blog: Web's Future Could Be Determined By The Fight Between Google And Nokia
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2,002 Died in Law Enforcement Custody in 2003-2005
Source: Crime and Justice News, October 12, 2007. "At least 2,002 people died during their arrests by state and local law enforcement officers from 2003 through 2005, says a U.S. Bureau of Justice Statistics compilation reported by the New York Times. Officers killed more than half of the suspects, 80 percent of whom, the officers reported, had threatened or assaulted them with a weapon. Drug and alcohol intoxication was the second-leading cause of death, accounting for 13 percent of the total, followed by suicide, accidental injuries, and illnesses or other natural causes." "The study was required the Death in Custody Reporting Act, which states must comply with to receive federal correctional grants. The study dealt with a pool of nearly 40 million arrests; deaths occurred in fewer than one ten-thousandth of 1 percent of them. California led the nation with 310 deaths, followed by Texas with 298 and Florida with 204. New York reported 97, New…
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New York Law Journal Corporate Update October 11, 2007
If you are already an online subscriber to New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed [www.nylj.com] 'Antagonistic Interests' Raise Questions About Settlement Subscription Required Thursday, October 11, 2007 By Beth Bar "A federal appeals court in Manhattan has ordered a trial judge to reconsider his certification of a class and his approval of a $42.5 million settlement agreement in an action brought under the Employee Retirement Income Security Act (ERISA)." Directors' and Officers' Liability Subscription Required Applying Preclusion To Derivative Litigation Thursday, October 11, 2007 By Joseph M. McLaughlin "Joseph M. McLaughlin, a partner at Simpson Thacher & Bartlett, writes that if a shareholder plaintiff…
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Lethal Injections Likely To Resume After High Court Rules
Source: Crime and Justice News, October 4, 2007. "Some form of lethal injection is likely to remain the method of execution in much of the U.S., no matter how the Supreme Court rules on current challenges to the procedure, say death penalty experts quoted by the Houston Chronicle. 'I don't think the Supreme Court's decision is going to herald the end of capital punishment,' said Houston attorney David Dow. Should the court deem as 'cruel and unusual' the current three-chemical cocktail administered to death row inmates in Kentucky, where a challenge is pending, Dow said states likely would just adjust the mixture." "Though the lethal injection argument affects nearly every death row case in the country - the number of death row inmates nationally is put at more than 3,330 - the scope of the challenge is narrow, Dow said. Harris County District Attorney Chuck Rosenthal will "pursue death penalty cases just like…
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Source: InformationWeek Daily
Source: InformationWeek Daily Newsletter, October 1, 2007 Apple's iPod Linked to iCrime Wave" 'We propose that the rise in violent offending and the explosion in the sales of iPods and other portable media devices is more than coincidental,' Â says a report from the Urban Institute."
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New Jersey Law Journal News Alert September 10, 2007
If you are already an online subscriber to New  Jersey Law Journal News Alert Service you should be able to click on any of the links provided below, sign in, and access the full text of articles listed Justices Seem Troubled Over Police Questioning Prior To Miranda-izing"New Jersey's Supreme Court, with a new chief justice at center chair, heard arguments Monday on a question that probes the outer reaches of the Miranda exclusionary rule: whether police can question a person to form probable cause to arrest and only then read him his rights." New Jersey Law Journal ®P.O. Box 20081, 238 Mulberry Street, Newark, N.J. 07101-6081 (973) 642-0075.ALM Privacy Policy / Contact Us © 2007 ALM Properties, Inc. All rights reserved.
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New Jersey Officials Arrested In Cash For Contracts Bribery Case
Source: Crime and Justice News, September 7, 2007. "After taking what the top law enforcement official in New Jersey called a 'corruption tour' of the state, federal authorities have arrested 11 public officials charged in a cash-for-contracts bribery scheme, reports the Philadelphia Inquirer. All were accused of taking cash in exchange for their influence in awarding contracts. 'Today you saw another example of the disease that infects New Jersey - the disease of corruption that spreads like wildfire from south to north,' said Christopher Christie, the U.S. Attorney for New Jersey." "Christie said the criminal charges only 'scratch the surface' of corruption across the state. 'It's been six years now doing this job, and I thought I could no longer be surprised by a combination of brazenness, arrogance and stupidity,' said Christie, who has made public corruption cases a priority. The investigation,…
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Selected U.S. Federal Documents from Gallerywatch.com
Selected federal documents below from Gallery Watch.com may include references to government reporrts, Congressional letters, draft bills, and other primary source materials. Documents listed are accessible through subscription to the GalleryWatch.com service. For additional information regarding access to these documents contact [us.gallerywatch.com] . 09/05/2007 Committee Report to Accompany the Patent Reform Act of 2007, H.R. 1908 (PDF 959 KB)Report (H. Rep. 110-314) Filed by the House Judiciary Committee on September 4, 2007 09/05/2007 Dear Colleague Letter from the Chairmen and Ranking Members of the House Judiciary Committee and Subcommittee on Courts, the Internet and Intellectual PropertyLetter Urges Support for the Patent Reform Act of 2007 (H.R. 1908) Â 09/05/2007 GAO Report to Sen. Hillary Clinton and Reps. Carolyn Maloney and Jerrold Nadler (PDF 6.92 MB)World…
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New York Law Journal Decisions of Interest August 20, 2007
If you are already an online subscriber to this service you should be able to click on any of the links provided below, sign in, and access any of the decisions listed which interest you. www.nylj.com U.S. COURT OF APPEALS,M SECOND CIRCUIT Criminal Practice Hobbs Act Requires Jury to Find Robbery of Drugs, Drug Proceeds, Affects Interstate Commerce United States, appellee v. Otis Parkes, defendant-appellant NEW YORK COUNTY Torts Judge's Defamation Claims Against Time Warner Dismissed; Claims Against Newspaper Proceed Rivera v. NYP Holdings Inc. NEW YORK COUNTY Contracts Breach of Implied Covenant of Good Faith, Fair Dealing Claim Can Stand Without Contract Breach Gross v. Empire Healthchoice Assurance Inc. NEW YORK COUNTY Torts Rescuer's Negligent Infliction of Emotional Distress Suit Allowed to Proceed Against ConEd Cronin v. Consolidated Edison Co. of New York Inc. KINGS COUNTY Civil Practice Plaintiffs Had Sufficient…
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New York Law Journal Decisions of Interest
If you are already an online subscriber to this service you should be able to click on any of the links provided below, sign in, and access any of the decisions listed which interest you. Click here to go to www.nylj.com NEW YORK COUNTY Contracts Court Confirms Referee's Findings of Contract Breach Against Rapper DMX; Imposes Damages Amusing Diversions Inc. v. Dogwear Inc.Subscription Required BRONX COUNTY Civil Practice Both Parties' Motions Found Timely; Summary Judgment Denied, as Questions of Fact Exist Stewart v. New York City Transit Authority Subscription Required KINGS COUNTY Criminal Practice Court Reverses Decision, Enters Defense Counsel's Letters Into Evidence as Adoptive Admissions People v. J&L Landscaping Inc. Subscription Required QUEENS COUNTY Family Law Father Denied…
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U.S. Congress House Panel Retains Curb On Gun Trace Data Release
Source: Crime and Justice News, July 13, 2007. "A key congressional committee dealt a major blow to New York Mayor Michael Bloomberg's campaign against illegal firearms yesterday, refusing to allow police departments broader access to data that tracks guns sales, the New York Times reports. The bill restricting release of the information was approved by the House Appropriations Committee, paralleling a Senate committee's vote. Bloomberg, who recently left the Republican Party, has traveled the U.S. for more than a year, lobbying Congress, rallying hundreds of other mayors and financing a media campaign aimed at the end of what he once called a 'godawful piece of legislation.' " "That legislation, known as the Tiahrt Amendment, for Representative Todd Tiahrt, the Republican from Kansas who introduced it, is intended to keep trace data, which shows the path from manufacturer to retail purchase of a gun recovered in a crime,…
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Criminals Google "How to Open Safe" in Middle of Burglary
Source: InformationWeek Daily Newsletter, July 13, 2007. Criminals Google 'How To Open Safe' In Middle Of Burglary"A couple of burglars were stymied when they tried to crack a safe, so they found a computer that had been left on and simply Googled for the information they needed to make off with $12,000 worth of loot."
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LAW.COM Newswire Highlights June 28, 2007
If newsfeeds are shown on the left side of your screen, the News articles listed below can be viewed in full text by first clicking on the Law.Com Newsfeed and then scrolling down to the appropriate article. If newsfeeds are not displayed on the screen try going to http://www.law.com/newswire/ and searching for the items of interest. An A-List Firm Takes the Road Less Traveled The American Lawyer The American Lawyer's fifth annual A-List proves anew that breaking into the top tier of elite firms, and staying there, requires consistent effort, and that attaining a perfect score on any one measure -- revenue per lawyer, pro bono, associate satisfaction and diversity -- isn't enough to snag a place on the list. One firm that's an A-List perennial is Patterson Belknap Webb & Tyler. As that firm's experience illustrates, money alone won't buy a spot among the elite. Insurer to Pay $20 Million in Bad Faith Case Over…
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No Lengthening of Sentence to Complete Treatment Program
In United States v. Walker, 09-6498, published today, the Sixth Circuit held that the district court improperly increased Darrell Walker's sentence and remanded for resentencing. The district judge handed down an above-guidelines sentence in part because of Walker's need for rehabilitation and psychiatric treatment. Walker had twenty-nine prior convictions -- twenty-seven of which were drug-related -- and a history of mental illness. The Sixth Circuit noted that the Supreme Court clarified in June that "a court may not impose or lengthen a prison sentence to enable an offender to complete a treatment program or otherwise promote rehabilitation." Tapia v. United States, No. 10-5400, 2011 WL 2369395, at *9 (June 16, 2011). Accordingly, the Court found Walker's sentence substantively unreasonable.
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Search and Seizure Resource
Great outline. Thanks to the 9th Cir./Oregon crew for putting together. Really worth a look!http://circuit9.blogspot.com/2009/10/search-seizure-update.html
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Published Clarification on Sec. 3582(c)(2)
On June 30, 2009, the panel of Judges Moore, Gilman, and Phillips (E.D. Tenn.) decided United States v. Johnson and Moss, Nos. 08–3925, 08–3926 (6th Cir. June 30, 2009). The published opinion considers the § 3582(c)(2) motions of two defendants who were indicted for crack and powder cocaine offenses, but who were ultimately sentenced based only on the powder. The court makes clear that a sentence must be based on crack cocaine if a defendant is going to be eligible for relief under the retroactive crack amendments. A conviction that involved crack is insufficient. To be eligible for relief, a defendant must be serving a sentence on which the amount of crack cocaine had an impact. Otherwise, a district court is not authorized to reduce the sentence under § 3582(c)(2).
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Possession of firearm that traveled from Spain to New Mexico, but not necessarily between states, is still possession "in or affecting commerce"
JURY INSTRUCTIONUnited States v. Goode,No. 06-2093, ___ F.3d ___ (10th Cir. Apr. 16, 2007)(New Mexico).Appeal of conviction and sentence for being felon in possession of firearm in violation of 18 U.S.C. § § 922(g)(1) and 924(e)(1).HELD: Where evidence at trial showed that firearm discovered in defendant's possession in New Mexico (a border state) was manufactured in Spain, but jury instruction stated that weapon must have moved from state to state, there was no plain error requiring reversal because evidence was otherwise sufficient to satisfy 18 U.S.C. § 922(g)'s requirement that firearm be possessed "in or affecting commerce" as charged in indictment because phrase "in or affecting commerce" also encompasses movement in foreign commerce (i.e., movement from outside U.S. into a state).Read the opinion here.
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It Tolls for Thee
United States v. Knight, No. 09-5195-cr (2d Cir. February 1, 2012) (Walker, Straub, Livingston, CJJ)While a Western District grand jury was investigating defendant’s involvement in a “high yield” investment scheme, the district court granted the government’s application pursuant to 18 U.S.C. § 3292 to toll the statute of limitations while it sought the assistance of Hungarian authorities in obtaining records relating to transfers of some of the scheme’s proceeds into Hungarian bank accounts. The circuit affirmed that order as a proper application of the tolling statute.Under § 3292, the court must grant the government’s application and suspend the statute of limitations if the application asserts that evidence of an offense being investigated by a grand jury is in a foreign country and it reasonably appears, by a preponderance of the evidence, that such evidence has been officially requested.The government satisfied the statute here. It gave the district court a…
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