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The New York State Supreme Court, Appellate Division, Fourth Judicial Department Ineffective assistance of counsel Speedy trial – Miscalculation People v. Bloodworth KA 15-01819 Appealed from Supreme Court, Onondaga County Background: The defendant appealed from a judgment convicting him of ...
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Fourth Department – Civil penalty: Lewis v. NYS Dept. of Motor Vehicles
New York State Supreme Court, Appellate Division, Fourth Judicial Department Civil penalty Mandatory minimum – Fairness – No abuse of discretion Lewis v. NYS Dept. of Motor Vehicles CA 18-00651 Appealed from Supreme Court, Monroe County Background: The petitioners commenced ...
Read More »NYS Advisory Committee on Judicial Ethics – Family court: Opinion 19-15(amended)
New York State Advisory Committee on Judicial Ethics Family court Prior employment – Contract attorney – Supervisory role Opinion 19-15(amended) Background: A new Family Court judge formerly contracted with the local Department of Social Services to provide legal services. The ...
Read More »Fourth Department – Tax foreclosure: Hoge v. Chautauqua County
New York State Supreme Court, Appellate Division, Fourth Judicial Department Tax foreclosure Foreclosure sale – Surplus money Hoge v. Chautauqua County CA 18-01186 Appealed from Supreme Court, Chautauqua County Background: The petitioners appealed from an order granting the respondent’s motion ...
Read More »Fourth Department – Driving while ability impaired: People v. Gibson
New York State Supreme Court, Appellate Division, Fourth Judicial Department Driving while ability impaired Endangering welfare of a child – Jury credibility determinations People v. Gibson KA 16-01004 Appealed from Genesee county Court Background: The defendant appealed from a judgment ...
Read More »NYS Advisory Committee on Judicial Ethics – Participation in legislative program: Opinion 19-14
New York State Advisory Committee on Judicial Ethics Participation in legislative program Anti-bullying initiative Opinion 19-14 Background: A full-time judge asks if he may participate in a program involving legislators and a school and/or school district to develop an anti-bullying ...
Read More »Second Circuit – Class Action Fairness Act: Gale et al v. Chicago Title Insurance Co. et al.
United States Court of Appeals for the Second Circuit Class Action Fairness Act Withdrawal of class-action allegation – Jurisdiction Gale et al v. Chicago Title Insurance Co. et al. 17-3497-cv Judges Parker, Wesley, and Carney Background: The plaintiffs sued a ...
Read More »NYS Advisory Committee on Judicial Ethics – Part-time judge: Opinion 19-38
New York State Advisory Committee on Judicial Ethics Part-time judge Fire investigator Opinion 19-38 Background: The part-time judge is a retired law enforcement officer with decades of experience in the sheriff’s office and fire department. He is trained as a ...
Read More »Fourth Department – Termination of parental rights: Matter of Ramon F.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Termination of parental rights Hearsay – Documentary evidence – Confrontation Clause Matter of Ramon F. CAF 18-00732 Appealed from Family Court, Monroe County Background: The respondent father appealed from an ...
Read More »Second Circuit – Immigration: Gurung v. Barr
United States Court of Appeals for the Second Circuit Immigration Order of removal – Inconsistent statements – Credibility Gurung v. Barr 16-3883-ag Judges Calabresi, Lohier, and Donnelly Background: The petitioner challenged the denial of his application for asylum and related ...
Read More »Fourth Department – Open and obvious: Christopher J. G. v. Derico of East Amherst Corp.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Open and obvious Dangerous condition – Stall door Christopher J. G. v. Derico of East Amherst Corp. CA 18-01122 Appealed from Supreme Court, Erie County Background: The plaintiffs commenced a ...
Read More »Second Circuit – Sentencing guidelines: United States v. Beau
United States Court of Appeals for the Second Circuit Sentencing guidelines Child pornography – Sadistic or masochistic images United States v. Beau 18-1574-cr Judges Walker, Cabranes, and Sack Background: The defendant was convicted from receiving and possessing child pornography. At ...
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