opinion and polls In re Glickman By feeds.findlaw.com Published On :: 2016-08-23T08:00:00+00:00 (Court of Appeals of New York) - In an election law action, concerning whether Steven Glickman, a candidate for the state senate, is eligible to run for that office, the Appellate Division's judgment that he was eligible is reversed where Glickman's 2014 registration to vote in Washington, D.C. precludes him as a matter of law from establishing the five years of continuous residency in New York required by the state constitution. Full Article Elections
opinion and polls In re Brooke S.B. By feeds.findlaw.com Published On :: 2016-08-30T08:00:00+00:00 (Court of Appeals of New York) - In a consolidated family law appeal, the court overruled its decision in Alison D. v. Virginia M., 77 N.Y.2d 651 (1991), and held that an unmarried partner who lacks a biological or adoptive connection to subject children has standing to seek visitation and custody under Domestic Relations Law section 70 by showing, clearly and convincingly, that the parties agreed to conceive a child and raise the child together. Full Article Civil Rights Family Law
opinion and polls Stonehill Capital Management v. Bank of the West By feeds.findlaw.com Published On :: 2016-12-20T08:00:00+00:00 (Court of Appeals of New York) - In a contracts action arising from a dispute over the auction sale of a syndicated loan, the Appellate Division's grant of defendant's motion for summary judgment is reversed where the lack of a written sales agreement and plaintiffs' failure to submit a timely cash deposit were not conditions precedent to the formation of the parties' contract and do not render their agreement unenforceable. Full Article Commercial Law Contracts
opinion and polls People v. Brown By feeds.findlaw.com Published On :: 2016-12-20T08:00:00+00:00 (Court of Appeals of New York) - In consolidated criminal actions concerning the People's change of their readiness status after having previously filed off-calendar statements of readiness, the Court held that there is a rebuttable presumption that such statements were truthful when made and that defendants can rebut the presumption with a demonstration that the People were not, in fact, ready at the time the statement was filed. Full Article Criminal Law & Procedure
opinion and polls People v. Perkins By feeds.findlaw.com Published On :: 2016-12-20T08:00:00+00:00 (Court of Appeals of New York) - Conviction for multiple robberies is reversed and remanded. The Court held that a lineup's suggestiveness should not turn solely on whether a defendant's distinctive feature, here dreadlocks, figured prominently in a witness's prior description to police but can be considered as one factor when a court determines the suggestiveness of a lineup. Full Article Criminal Law & Procedure
opinion and polls People v. Morgan By feeds.findlaw.com Published On :: 2016-12-20T08:00:00+00:00 (Court of Appeals of New York) - Conviction for manslaughter and possession of a weapon is affirmed where the trial court's supplemental instruction to the jury to continue deliberating, following the jury's return of a verdict which polling determined not to be unanimous, did not deprive defendant of a fair trial. Full Article Criminal Law & Procedure
opinion and polls People v. Clark By feeds.findlaw.com Published On :: 2016-12-20T08:00:00+00:00 (Court of Appeals of New York) - Conviction for second-degree murder is affirmed where defendant's trial counsel did not commit ineffective assistance of counsel in pursuing a misidentification defense while not advancing an inconsistent justification defense, after defendant decided on the strategy and denied that he was the person depicted shooting the victim on a surveillance video recording. Full Article Criminal Law & Procedure
opinion and polls Flo & Eddie, Inc. v. Sirius XM Radio, Inc. By feeds.findlaw.com Published On :: 2016-12-20T08:00:00+00:00 (Court of Appeals of New York) - Answering a certified question from the U.S. Court of Appeals for the Second Circuit, the Court held that New York common law does not recognize a right of public performance for creators of sound recordings and answered the Second Circuit's question in the negative. Full Article Intellectual Property Copyright
opinion and polls People v. Patterson By feeds.findlaw.com Published On :: 2016-12-22T08:00:00+00:00 (Court of Appeals of New York) - Conviction for second-degree burglary and robbery is affirmed where the trial court did not err in admitting into evidence subscriber information in prepaid cell phone records as nonhearsay evidence within a business record, because the information was not introduced for the truth of the matters asserted. Full Article Evidence Criminal Law & Procedure
opinion and polls People v. Finkelstein By feeds.findlaw.com Published On :: 2016-12-22T08:00:00+00:00 (Court of Appeals of New York) - Conviction for coercion in the first-degree relating to defendant's harassment of his ex-girlfriend, both while still living at her apartment and from jail, is affirmed where: 1) defendant failed to preserve his argument that the court committed Apprendi error; and 2) defendant's sought jury instruction for second-degree coercion as a lesser-included offense was not warranted. Full Article Criminal Law & Procedure
opinion and polls Newcomb v. Middle County Central School District By feeds.findlaw.com Published On :: 2016-12-22T08:00:00+00:00 (Court of Appeals of New York) - In a civil action, arising from an auto accident allegedly caused by defendant school district's sign distracting and obstructing passing drivers on a roadway, the trial court's conclusion that plaintiff should not be permitted to serve late notice of a claim is reversed where the trial court abused its discretion in determining that defendant would be substantially prejudiced without any record evidence to support that determination. Full Article Injury & Tort Law Civil Procedure
opinion and polls Turturro v. City of New York By feeds.findlaw.com Published On :: 2016-12-22T08:00:00+00:00 (Court of Appeals of New York) - In an injury and tort action, brought against defendant city after twelve-year old plaintiff was seriously injured in a collision involving a speeding driver on a Brooklyn roadway, the trial court's entry of judgment for plaintiff is affirmed. The Court held that: 1) plaintiff did not have to prove the existence of a special duty because the city's acts or omissions regarding the road were made in a proprietary capacity; 2) the evidence was legally sufficient to uphold the jury's finding that the city's negligence was a proximate cause of the accident; and 3) the doctrine of qualified immunity did not apply. Full Article Transportation Injury & Tort Law Government Law
opinion and polls People v. Miller By feeds.findlaw.com Published On :: 2016-12-22T08:00:00+00:00 (Court of Appeals of New York) - Conviction for manslaughter is reversed where the trial court abused its discretion by prohibiting defense counsel from questioning prospective jurors about their views on involuntary confessions. Full Article Criminal Law & Procedure
opinion and polls Hain v. Jamison By feeds.findlaw.com Published On :: 2016-12-22T08:00:00+00:00 (Court of Appeals of New York) - In a negligence action, the Appellate Division's grant of defendant's motion for summary judgment is reversed where there is a material question as to whether the escape of defendant's calf onto the road was a proximate cause of decedent's death in car accident while she was trying to assist. Full Article Injury & Tort Law
opinion and polls People v. Flowers By feeds.findlaw.com Published On :: 2016-12-22T08:00:00+00:00 (Court of Appeals of New York) - Conviction for criminal possession of a weapon is affirmed where: 1) defendant failed to preserve his argument that the trial court erred by re-imposing the original sentence after reversal on appeal; and 2) defense counsel's failure to challenge the resentencing was not ineffective assistance of counsel. Full Article Sentencing Criminal Law & Procedure
opinion and polls People v. Bridgeforth By feeds.findlaw.com Published On :: 2016-12-22T08:00:00+00:00 (Court of Appeals of New York) - Conviction for first-degree robbery is reversed and a new trial ordered where: 1) skin color is a cognizable classification upon which a challenge to a prosecutor's peremptory strikes can be made under Batson v. Kentucky, 476 U.S. 79 (1986); and 2) defendant made a prima facie showing of discrimination and the prosecutor failed to give a non-discriminatory reason for the juror exclusion at issue. Full Article Criminal Law & Procedure
opinion and polls US v. Jackson By feeds.findlaw.com Published On :: 2019-07-30T08:00:00+00:00 (United States Seventh Circuit) - Vacated and remanded. Convictions for using or carrying a firearm to commit a federal crime of violence were remanded for resentencing after previous 7th Circuit opinions and the Supreme Court's decision in US v. Davis found the term "crime of violence" to be unconstitutionally vague. Full Article Criminal Law & Procedure Sentencing Constitutional Law
opinion and polls Leiser v. Kloth By feeds.findlaw.com Published On :: 2019-08-01T08:00:00+00:00 (United States Seventh Circuit) - Reversed. Defendant prison guards were entitled to qualified immunity in a case claiming cruel and unusual punishment where a PTSD-suffering prisoner asked guards not to stand behind him but they continued to do so. It did not violate clearly established constitutional law for non-medical staff to refuse to provide what amounts to medical accommodation that hadn't been ordered by the medical staff. Full Article Civil Procedure Constitutional Law
opinion and polls Thomas v. Bryant By feeds.findlaw.com Published On :: 2019-08-01T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The majority of a merits panel affirmed a district court judgment declaring a Mississippi redistricting plan as violative of the Voting Rights Act. Full Article Government Law Constitutional Law
opinion and polls Torry v City of Chicago By feeds.findlaw.com Published On :: 2019-08-02T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. Police officers who could not recall making a Terry stop of three black men in a grey sedan following a nearby shooting were entitled to qualified immunity because the description of the shooter was close enough to justify the stop. Full Article Constitutional Law Civil Procedure Evidence
opinion and polls US v. Evans By feeds.findlaw.com Published On :: 2019-08-05T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The district court did not violate the confrontation clause when it prevented defendants in an armed robbery prosecution from cross examining government witnesses about the specific prison terms they avoided through their cooperation with the government. Full Article Constitutional Law Criminal Law & Procedure
opinion and polls Cantu v. Moody By feeds.findlaw.com Published On :: 2019-08-05T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The denial of money damages to a member of the Texas Mexican Mafia in a case alleging constitutional and civil rights violations arising from a drug bust was affirmed. Full Article Civil Rights Constitutional Law
opinion and polls State of Texas v. EEOC By feeds.findlaw.com Published On :: 2019-08-06T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. A lawsuit in which Texas complained that EEOC regulations relating to the use of criminal records in hiring was an unlawfully promulgated substantive rule properly dismissed the suit but enjoined EEOC enforcement until the agency complies with notice and comment rulemaking requirements under the Administrative Procedure Act. Full Article Labor & Employment Law Administrative Law Government Law Constitutional Law
opinion and polls Wozniak v. Adesida By feeds.findlaw.com Published On :: 2019-08-06T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A tenured teacher who waged an extended campaign against students who did not give him an award and sued the school when the Board of Trustees took action against him lost his appeal of the grant of summary judgment to the school. The First Amendment didn't protect his firing for intentionally causing harm to students and failing to follow the dean's instructions. Full Article Labor & Employment Law Constitutional Law
opinion and polls Port of Corpus Christi Auth. v. Sherwin Alumina Company By feeds.findlaw.com Published On :: 2019-08-06T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The bankruptcy court's rejection of a Texas Port Authority's claims of sovereign immunity and fraud in their gambit to invalidate a bankruptcy sale that extinguished an easement they held was affirmed because there was no Eleventh Amendment violation or basis to claim fraud. Full Article Bankruptcy Law Constitutional Law
opinion and polls Lavite v. Dunstan By feeds.findlaw.com Published On :: 2019-08-07T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The district court's grant of summary judgment to a County Veterans Assistance Commission was affirmed in a case where their superintendent was banned from the administration building after learning that he'd had a PTSD incident in which he threatened a police officer and kicked out the windows of a squad car. Full Article Labor & Employment Law Civil Procedure Constitutional Law
opinion and polls US v. Thornton By feeds.findlaw.com Published On :: 2019-08-07T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The court's imposition of conditions on supervised release could not be appealed as violations of due process rights by the convicted because they failed to object to them in district court and therefore waived the issue. Full Article Criminal Law & Procedure Sentencing Constitutional Law
opinion and polls Evans v. Griffin By feeds.findlaw.com Published On :: 2019-08-07T08:00:00+00:00 (United States Seventh Circuit) - Reversed and remanded. A prisoner suing under the 8th Amendment for the prison's failure to treat his nasal polyps claimed he didn't receive notice of a deposition until after he was called out of his cell to meet with one of the defendants in the suit. He refused to answer questions and said he was feeling ill. The lower court dismissed with prejudice as sanctions, but the court of appeals determined that although this is sometimes a proper sanction the lower court had acted too quickly. Full Article Constitutional Law Sanctions Civil Procedure
opinion and polls Marks v. Hudson By feeds.findlaw.com Published On :: 2019-08-08T08:00:00+00:00 (United States Fifth Circuit) - Reversed and remanded for dismissal. State child protective services agency employees were entitled to qualified immunity in a suit alleging constitutional violation in the removal of three children from their mother's custody under a temporary removal order. Full Article Civil Procedure Constitutional Law
opinion and polls Brackeen v. Bernhardt By feeds.findlaw.com Published On :: 2019-08-09T08:00:00+00:00 (United States Fifth Circuit) - Affirmed in part, reversed in part. In a case involving people attempting to adopt Indian children and challenges to the Indian Child Welfare Act, the plaintiffs had standing but were not entitled to summary judgment. Judgment was rendered to the defendant US government, its agencies, and Indian tribes. Full Article Constitutional Law Indian Law Civil Procedure
opinion and polls Reyes v. Fischer By feeds.findlaw.com Published On :: 2019-08-09T08:00:00+00:00 (United States Second Circuit) - Affirmed in part. The panel affirms that an administratively imposed term of post-release supervision deprived plaintiff of her due process rights, and defendants do not have qualified immunity. Full Article Sentencing Constitutional Law
opinion and polls US v. Jones By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (United States Fifth Circuit) - Vacated and remanded. Those convicted for activities in connection with a New Orleans gang had their convictions vacated because Supreme Court precedent showed the residual clause of their convicting statute was unconstitutionally vague. Full Article Constitutional Law Criminal Law & Procedure
opinion and polls People v. Ovieda By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (Supreme Court of California) - At issue is whether police officers could enter a private residence without a warrant under a community care taking exception, as articulated in People v Ray (1999) 21 Cal.4th 464. The Court concluded any entry that falls short of a perceived emergency or other exigent circumstances does not satisfy the Fourth Amendment and that People v. Ray is disapproved. Full Article Constitutional Law Criminal Law & Procedure
opinion and polls People v. Flores By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (California Court of Appeal) - Reversed. The appeals court found that the trial court erred in partially granting a motion to suppress evidence obtained by a warrantless search. Full Article Criminal Law & Procedure Evidence Constitutional Law
opinion and polls Hardeman v. Wathen By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A correctional facility was not entitled to qualified immunity in a putative class action suit by pretrial detainees that were denied running water and claimed Fourteenth Amendment violations. Full Article Civil Procedure Constitutional Law
opinion and polls Koh v. Kim By feeds.findlaw.com Published On :: 2019-08-13T08:00:00+00:00 (United States Seventh Circuit) - Dismissed. An appeal of police officers on the issue of qualified immunity relating to an arrest of parents following their child's death was dismissed because the Fifth Amendment coerced confession claim was inseparable from questions of fact identified by the district court. Full Article Constitutional Law Civil Procedure
opinion and polls Wal-Mart Stores, Inc. v. TX Alcohol By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (United States Fifth Circuit) - Partially affirmed, remanded. A Texas ban on public corporations obtaining package store permits did not violate Equal Protection rights, but the district court erred in finding a discriminatory nature and burden imposed by the public corporation ban. Full Article Constitutional Law Government Law Civil Procedure
opinion and polls Baughman v. Hickman By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. In the case of a man who alleged a constitutional violation related to his injuries while in custody, the dismissal of all federal claims for failure to state a claim affirmed, as was the decision not to exercise supplemental jurisdiction over a Texas law claim. Full Article Constitutional Law Civil Procedure Injury & Tort Law
opinion and polls In re Ricardo P. By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (Supreme Court of California) - Affirmed. Juvenile defendant was placed on probation for felony burglary. As a condition of his parole, he was required to submit to warrantless searches of his electronic devices, even though they were not used in connection with the burglaries. The appeals court struck the electronics search condition. The Supreme Court agreed stating the search of electronic devices was overbroad. Full Article Juvenile Law Constitutional Law
opinion and polls US v. Giles By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A confession taken after prolonged solitary confinement did not violate Fifth Amendment rights. Full Article Constitutional Law Criminal Law & Procedure
opinion and polls People v McDaniel By feeds.findlaw.com Published On :: 2019-08-16T08:00:00+00:00 (California Court of Appeal) - Reversed. Defendant appealed from multiple convictions for robbery. He challenged the trial court’s admission of police interrogation statements, text exchange with his mother, and books and documents found in his car. The appeals court found that the police interrogation was properly admitted, but the text messages and the books and documents were not. This error by the trial court was prejudicial and therefore required reversal and remand. Full Article Evidence Constitutional Law Criminal Law & Procedure
opinion and polls Campbell v. Kallas By feeds.findlaw.com Published On :: 2019-08-19T08:00:00+00:00 (United States Seventh Circuit) - Reversed. Prison officials sued for Eighth Amendment violations over their refusal to provide gender reassignment surgery to a prisoner were entitled to qualified immunity because caselaw did not clearly put them on notice their action was unconstitutional. Full Article Constitutional Law Civil Rights Civil Procedure
opinion and polls Regan v. City of Hammond By feeds.findlaw.com Published On :: 2019-08-19T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A local ordinance requiring residential property owners to get a license or hired a licensed contractor to make repairs didn't violate the commerce clause. It didn't distinguish between in and out of state owners and imposed no burden on interstate commerce. Full Article Constitutional Law Government Law Property Law & Real Estate
opinion and polls US v. Johnson By feeds.findlaw.com Published On :: 2019-08-20T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. An unconstitutional conviction did not occur when an attorney confirmed he no longer disputed restitution while in chambers but repeated this withdrawal in open court. Full Article Constitutional Law Criminal Law & Procedure
opinion and polls Cole v. Hunter By feeds.findlaw.com Published On :: 2019-08-20T08:00:00+00:00 (United States Fifth Circuit) - Partially affirmed, partially reversed. The court determined that a jury, not judges, will resolve competing factual narratives relating to an excessive force claim that will determine whether qualified immunity applies. Full Article Constitutional Law Civil Procedure Evidence
opinion and polls USA v. Simon By feeds.findlaw.com Published On :: 2019-08-21T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. Defendant, a prior felon, was pulled over for a traffic stop. A drug-sniffing dog alerted on Defendants car. A search of the vehicle did not find drugs but did find a gun. Defendant was charged with felon-in-possession. Defendant was sentenced to 15 years. Defendant appealed on grounds that search was improper and error by trial court. Appellate court found no reversible error. Full Article Constitutional Law Criminal Law & Procedure
opinion and polls Whole Woman's Health Alliance v. Curtis T. Hill, Jr. By feeds.findlaw.com Published On :: 2019-08-22T08:00:00+00:00 (United States Seventh Circuit) - Plaintiff, an abortion care provider, sought a license from the State of Indiana to operate a clinic. Plaintiff made two unsuccessful license applications over a two-year period before resorting to the federal courts. The district court granted Plaintiff preliminary relief based on the likelihood that it would be successful at trial. Indiana appealed seeking a stay on the relief. Appellate ordered that Indiana should treat Plaintiff as though it were provisionally licensed while the litigation proceeds. Full Article Civil Procedure Constitutional Law
opinion and polls Humane Society of the US v. Perdue By feeds.findlaw.com Published On :: 2019-08-23T08:00:00+00:00 (United States DC Circuit) - Vacated and remanded. A pork farmer's suit alleging that the government unlawfully permitted funds for promoting the pork industry to be used for lobbying instead lacked constitutional standing. There was no evidence of misuse of funds that resulted in an injury in fact. Full Article Constitutional Law Government Law Civil Procedure
opinion and polls People v. Fontenot By feeds.findlaw.com Published On :: 2019-08-26T08:00:00+00:00 (Supreme Court of California) - Affirmed. Defendant was charged with completed kidnapping but was convicted of attempted kidnapping. Defendant argued that a conviction for a crime he was not charged with violates the Sixth Amendment. The court held that a criminal defendant can be convicted of an attempted crime despite being charged with a completed crime because being charged with a completed crime is sufficient notice that he could be charged with an attempted crime. Full Article Constitutional Law Criminal Law & Procedure
opinion and polls Assn. for L.A. Deputy Sheriffs v. Superior Court By feeds.findlaw.com Published On :: 2019-08-26T08:00:00+00:00 (Supreme Court of California) - A prosecutor in a criminal case has a duty to disclose to the defense information that they personally know and information that they can learn about that is favorable to the accused. This obligation to disclose even includes restricted information about law enforcement officers. A law enforcement agency may disclose to the prosecution identifying information about an office and relevant exonerating or impeaching material in a confidential personnel file. Full Article Constitutional Law Criminal Law & Procedure