While finding the lower courts erred, for different reasons, in not allowing a missing witness argument, the Court of Appeals ruled the error was harmless. Trial counsel was prevented from including in his closing argument that a police officer he ...Read More »
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 ...Read More »
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 ...Read More »
The Appellate Division, Fourth Department will take a second look at a recent appeal, on a rare order of the state Court of Appeals. The case involves a Buffalo man who claimed he did not get a fair trial because ...Read More »
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 ...Read More »
Whether or not a medical corporation can be held liable for a confidentiality breach by a non-physician employee acting outside the scope of his or her employment will be taken up the state Court of Appeals. The question was put ...
Tagged with: u.s. court of appeals for the second circuitRead More »
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 ...
Tagged with: federal appeals courtRead More »
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 ...Read More »
WASHINGTON — The U.S. Supreme Court has turned away an appeal from a Minnesota woman who has been ordered to pay record companies $222,000 for the unauthorized downloading of copyrighted music. The justices did not comment Monday in letting stand ...Read More »