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Appeals

Repeat DWI offender appeals to High Court

Last week, attorneys for four-time DWI offender Robert Pealer filed a petition with the U.S. Supreme Court in an effort to have the most recent felony DWI conviction overturned.  The petition claims that Pealer’s rights under the Sixth Amendment were ...

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Prisoner’s suit against wardens can proceed

More information is needed before a federal court decides if six prison officials in Northern New York should be granted immunity in a suit brought by a prisoner alleging “horrifying” cruel and unusual punishment for 28 months in violation of ...

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Was defense counsel’s remark harmless error?

Attorneys representing a Rochester man convicted of sexually assaulting his girlfriend claim they were prevented by the trial court from presenting their strongest defense. Janet C. Somes, an assistant Monroe County public defender, argued before the Court of Appeals last ...

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Court OK’s force feeding prison hunger striker

ALBANY — The New York Court of Appeals says prison officials can force feed an inmate on a hunger strike to prevent his death, finding that doesn’t violate his constitutional right to refuse medical treatment. The Court of Appeals, divided ...

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Gas company appeals court decision

ALBANY — A gas drilling company has filed a notice of appeal in its attempt to overturn a western New York town’s moratorium on natural gas development. Lenape Resources had sued the Livingston County town of Avon, claiming its moratorium ...

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Court to review overturned conviction

WASHINGTON — A federal appeals court is taking another look at a three-judge panel’s decision to overturn the military commission conviction of an alleged al-Qaida propagandist. In January, a three-judge panel of the U.S. Circuit Court of Appeals for the ...

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Class action settlements face growing scrutiny

Facing new objectors, class action settlements are attracting greater scrutiny from appellate courts, which are gutting those settlements and sending them back to be renegotiated. In particular, the amount and proportion of attorney fees and the payment of money into ...

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