Page 447 689 N.Y.S.2d 447 257 A.D.2d 27, 1999 N.Y. Slip Op. 3989, 1999 N.Y. Slip Op. 3990 In re Proceeding, etc., V.C., Petitioner-Appellant, v. H.C., Sr., et al., Respondents-Respondents. Supreme Court, Appellate Division, First Department, New York. May 4, 1999. Page 449 Dorchen Leidholdt, of counsel (Deborah A. Bigel, Sue Choi and Mary Rothwell Davis, on the brief, Sanctuary For Families, Center For Battered Women's Legal Services, attorneys) for petitioner-appellant. Howard M. Simms, attorney for respondent-respondent, H.C., Sr. Bruce A. Young, attorney for respondent-respondent, H.C., Jr. Gretchen Mullins Kim, attorney, on behalf of My Sister's Place; National Coalition Against Domestic Violence; NOW Legal Defense and Education Fund; New York Legal Assistance Group; Network For Women's Services; Pace Battered Women's Justice Center; The Urban Justice Center; Westchester/Putnam Legal Services; Legal Services for New York City, Brooklyn Branch; SAKHI for…
Family Court denied the reques
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U.S. Blames Ramadi on Iraqi Forces
U.S. Defense Secretary Ashton Carter says the Iraqi Forces are to blame for ISIS' recent takeover of Ramadi. He says they lack the will the fight. They were not outnumbered. In fact, they vastly outnumbered the opposing force and yet they... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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The "Broken" Criminal Justice System
We keep hearing from the sentencing "reform" movement that our criminal justice system is broken. We heard it once more today in an op-ed in the NYT.Is it true? Is our criminal justice system broken?I stumbled across the graph below doing some research. Judge for yourself. My own view is easy to state. The claim that the criminal justice system is broken is not just misguided or poorly informed. It's a point-blank lie. The number of victims of violent crime aged 12 and over, per 1000 population, has dropped by two-thirds in one generation. That is a spectacular success by any conceivable measure. Whatever we're doing, we should do more of.
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India Prepares 28k Chargesheet Against Shami Witness
The Bangladore Police say they will file charges against Mehdi Masroor Biswas, aka @Shami Witness, next week. We have finally received the MHA’s approval. Now, we will file the chargesheet against him next week. We have built a solid case.... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Hessick & Berman on A Theory of Mitigation
Carissa Byrne Hessick and Douglas A. Berman (University of Utah - S.J. Quinney College of Law and Ohio State University (OSU) - Michael E. Moritz College of Law) have posted Towards a Theory of Mitigation (Boston University Law Review, Vol....
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Case o' The Week: Ninth Shines Light on on Dark Oakes - Sentencing Manipulation and Sentencing Entrapment
“Tommy’s [Oakes] three-year assignment to NET-5 was a natural fit, and one of the most productive on record. His gift of gab, coupled with his tenacity and ceaseless energy, helped him successfully cultivate more informants and cases than most people in their right minds would take on. Tommy received recognition for two major cases he initiated and helped orchestrate: Operation Triple C, and Operation Showdown. Over 20 individuals were arrested during Triple C, many of whom were subsequently convicted of federal drug charges.” Yuba County Sheriff’s Department Peace Officer of the Year 2008, available here. “[T]he Court is deeply troubled by the participation of Detective Oakes, the investigation fell just shy of constituting outrageous government conduct.” United States v. Boykin, 2015 WL 234605 (9thCir. May 18, 2015), decision available here.Players: Decision by N.D. Texas Judge Lynn, joined by Judges Hawkins…
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Massachusetts Motorcyclist Killed in Crash - Driver Arrested on DUI Charges
Being involved in a crash while riding a motorcycle often results in injuries more serious than those those riding in a car, truck or SUV. According to a recent news article from ABC 5 News Boston, a motorcycle rider from Massachusetts was killed in a drunk driving accident. Authorities say 46-year-old alleged drunk driver turned his car into the path of a motorcycle rider traveling in the opposite direction, and the two motor vehicles collided with each other. Motorcycle operator, a 59-year-old man, died as result of the fatal collision. His daughter, who was riding behind him as a passenger on the motorcycle, was injured in the accident, though her injuries are not believed to be life-threatening. Authorities also report alleged drunk driver did not remain on the scene, as he attempted to flee at high speed. A witness to the alleged drunk driving accident followed defendant and reported his license plate number and description to the police. Defendant's vehicle…
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Criminal Procedure Law ["CPL"] 100.15
2010 NY Slip Op 51103 The People of the State of New York v. Phillip Johnson, Defendant. 2009QN068173 Criminal Court Of The City Of New York Queens County Decided on June 24, 2010 Attorney for defendant: Michael Horn Queens Law Associates Attorney for the People: ADA Jonathan Selkowe Elisa S. Koenderman, J. The criminal defendant, Phillip Johnson, is charged with Endangering the Welfare of a Child, Penal Law ["PL"] 260.10(1). The defendant has moved in an omnibus motion for dismissal for facial insufficiency. Because the factual allegations that the defendant grabbed his three-year-old son by the arm and attempted to pull him into the bathroom are insufficient to establish that the defendant knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child, the defendant's motion is granted. FACIAL SUFFICIENCY In order to be facially sufficient, an information must substantially conform to the formal requirements of…
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Will the Mob Tolerate an Acquittal? Part II
I asked here, in the aftermath of the Baltimore charges against six police officers, whether the mob -- the one that had been burning, looting and rioting -- would tolerate an acquittal.Of course we don't know yet. But there was an acquittal yesterday in a case in Cleveland where a white officer was charged with for firing repeatedly into a car containing two unarmed suspects, killing both.The aftermath of that acquittal does not create grounds for great optimism. The story is reported in the Toronto Sun. It's titled, "Cleveland erupts into riots after cop found not guilty in shooting."As I predicted, the point is not "accountability." The point is not "visibility" -- nothing is more visible, and little is better covered, than the homicide trial of a policeman. The point is not "due process for everyone." The point is that The Cops Are Satan. There's not a…
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2015.59: Revenge Porn Statutes and Confidentiality
If I were to write a penal statute that was a content-based restriction on speech, I would come prepared with an explanation of how the statute passed constitutional muster, since such restrictions are presumptively invalid. The proponents of revenge-porn-criminalization statutes never have picked a constitutional justification for their statutes. Instead they have, in post after article after column, thrown a bunch of possible justifications at the wall, hoping that something will stick. When I visited the topic in January, Danielle Citron had written an article on Forbes.com entitled “Debunking the First Amendment Myths Surrounding Revenge Porn Laws.” In it she threw a couple of theories against the wall: “disclosing private communications about purely private matters” and “confidentiality.” In a lengthy post fisking Citron, I wrote “Since maybe three people will have gotten this far in this post, I will give more thought to a…
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Top-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 1,557 Rethinking Presumed Knowledge of the Law in the Regulatory Age Michael Anthony Cottone Independent Date posted to database: 24 Mar 2015 2 538 'Ideology'...
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Sunday TV Watching
It's been raining and cold in Denver for days. Perfect activity for being indoors on a holiday weekend: Watching the final 24 episodes of Season 1 of El Cartel, aka Cartel De Los Sapos (Cartel of the Snitches.) Unimas has been re-airing episodes... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Sunday Night Open Thread
Time for a new open thread. Here it is, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Mr. No-Pay: You Can Run, But You Can’t Hide
Family law lawyers now have access to information that can transform a case from an up-hill battle to a slam-dunk, and it’s all thanks to the internet. Case in point: I have a client whose ex-husband, a venture capitalist, stopped paying his child support about one year ago. Exhibiting the patience of a saint, my client bided her time, hopeful her ex would reinstate his payments and make up the arrears. Didn’t happen. She then contacted my office and the legal process began. Her ex was obliged to provide the usual financial documents including income tax returns and corporate financial statements. His tax returns showed nominal income and gosh, darn, he said that all of his businesses were insolvent so he hadn’t bothered to have his accountant prepare financial statements. With a little help from the internet, we learned he was selling his home with an asking price of just over $900,000.00. After the usual land title searches, we found out he had already…
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Defrauding Creditors (O.R.C. 2913.45) Defense Attorney In The Cleveland, Ohio area
Patituce & Associates Provide Information Regarding Defrauding Creditors (O.R.C. 2913.45) When efforts are made to hide another person’s property that has been rented or leased, you can be charged with Defrauding creditors (O.R.C. 2913.45) by Cleveland prosecutors. Read More
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Family Court denied the request...cont
Petitioner's adult daughter corroborated her mother's account of her stepfather's abuse, providing details as to other incidents, including one in which he attempted to stab petitioner with a machete, and confirming that her stepfather always kept a gun near him. She also testified that when her mother arrived at her home in December 1994, she noticed that her mother, who said she was frightened, was severely bruised. Although petitioner's daughter's testimony was cut short, she also testified briefly to certain incidents during her childhood, including her stepfather's use of herself and her brothers and cousins to assist him in selling drugs until, as a teenager, she was placed in foster care. Petitioner's oldest son also corroborated the abuse against his mother, stating that it was often precipitated by drinking. He recounted witnessing the 1975 shooting, and he also testified that his stepfather had sexually abused him from the time he…
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Multiple Crashes South of Downey
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 5/25/15 1:48 p.m. Please direct questions to the District Office Idaho State Police is currently investigating an injury crash, southbound I-15 between milepost 30.4, South of the Downey exit. Bannock county is also investigating another crash at milepost 27. At this time, the southbound lanes are being blocked at milepost 31 and traffic is being temporarily diverted. Motorists are encouraged to slow for driving conditions and to avoid the area if possible. More information will be provided as it becomes available. ( SA / KL ) -------------
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*Update* Multiple Crashes South of Downey
Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 5/25/15 2:36 p.m. Please direct questions to the District Office ***Update*** The southbound lanes are now cleared and are back open for motorists. More information will be provided as it becomes available. ( SA / KL ) ***End Update*** Idaho State Police is currently investigating an injury crash, southbound I-15 at milepost 30.4, South of the Downey exit. Bannock county is also investigating another crash at milepost 27. At this time, the southbound lanes are being blocked at milepost 31 and traffic is being temporarily diverted. Motorists are encouraged to slow for driving conditions and to avoid the area if possible. More information will be provided as it becomes available. ( SA / KL ) -------------
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Criminal Procedure Law ["CPL"] 100.15..cont
The complaint alleges that Doreen Johnson informed Police Officer John Vitale that on or about December 12, 2009 between 10:00 p.m. and 10:55 p.m. inside of 146-04 Sutter Avenue, she observed the defendant Phillip Johnson grab her three-year-old son Zyhare Johnson by the arm and "[attempt] to pull him into the bathroom, causing substantial pain to [Zyhare Johnson's] arm." The complaint further alleges that thereafter Zyhare Johnson "was removed to a local Queens hospital for said injuries." The criminal defendant claims that these factual allegations are insufficient to demonstrate that he knowingly acted in a manner likely to be injurious to the child's physical, mental or moral welfare. Moreover, the defendant asserts that the allegation that the child suffered "substantial pain" is uncorroborated hearsay and does not indicate that the child was injured as a result of his actions. The People counter that the non-hearsay allegations of…
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Florida Courses on Rule 3.220 and Brady / Giglio - Legal and Ethical Obligations of Discovery in Criminal Cases
When was the last time you received a Brady Notice?Many believe that prosecutors will start to take a different approach to disclosing Brady material as a result of the recent amendments to Rule 3.113. The courses are intended to teach defense attorneys to learn how to hold the prosecutor's feet to the fire.Criminal defense attorneys in felony cases now have less than one year (until May 16, 2016) to complete a course covering the legal and ethical obligations of discovery in a criminal case, including the requirements of rule 3.220, and the principles established in Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972).The amendment to Rule 3.113 is relatively short so I cut and paste it below.You can find several videos intended to meet this requirement on The Florida Bar’s website, the Florida Prosecuting Attorneys Association’s website, and/or the Florida Public Defender Association’s website.The Florida Public…
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More Pages to Explore .....
