It was up to defense counsel, not the defendant, to seek a jury charge on lesser-included offenses in a Niagara County assault case, the Appellate Division, Fourth Department ruled Friday. The higher court overturned the second-degree assault conviction of Germaine ...

Tagged with: Appellate Division defendant Fourth Department New Trial

Theodore Lehmann, 67, of Tonawanda, a former state Department of Labor inspector, has pleaded guilty before U.S. District Court Judge Richard J. Arcara to violating the Clean Air Act. The charge carries a maximum penalty of one year in prison, ...

Tagged with: Clean Air Act convicted defendant

A convicted burglar gave up his right to confront a witness at his 2009 trial because his threats against her were why she was not available to testify, the state’s highest court has affirmed. The Court of Appeals on Thursday, ...

Tagged with: defendant

CENTENNIAL, Colo. — Colorado theater shooting defendant James Holmes will return to court in late January for a hearing on prosecutors’ request that he undergo additional psychiatric examination. The judge set the new date Wednesday. The hearing was to take ...

Tagged with: defendant

WASHINGTON — The U.S. Supreme Court has ruled that a Michigan defendant cannot be retried for arson even though his initial acquittal was based on a judge’s mistake. The court voted 8-1 Wednesday in favor of Lamar Evans, who was charged ...

Tagged with: defendant U.S.Supreme Court

A new tool measures how well a defendant understands Miranda warnings. Developed by Richard Rogers, a professor of psychology at University of North Texas and a Miranda expert, the Standardized Assessment of Miranda Abilities (SAMA) is a form of standardized ...

Tagged with: 'Miranda' rights defendant

We know that wrongful convictions can be reversed, but what about wrongful acquittals? With the U.S. Supreme Court prepared to decide next term whether double jeopardy principles prevent the retrial of a defendant acquitted based on a judge’s misunderstanding of ...

Tagged with: defendant double jeopardy

The first federal defendant who took part in the veterans treatment court has successfully completed the program, according to U.S. Attorney William J. Hochul Jr. The defendant, who was not identified, entered a pre-trial diversion agreement in September 2010 whereby ...

Tagged with: defendant

NEW YORK — A construction company founded by Osama bin Laden’s father cannot be sued to recover money for survivors of the Sept. 11 attacks, a judge has ruled, because no evidence has emerged to show the company provided a ...

Tagged with: defendant Judge

WASHINGTON, D.C. — The Supreme Court has ruled against a defendant in a murder trial who wanted to exclude the victim's identifying statements because the accused shooter had no chance to cross-examine the victim.

Tagged with: cross-examination defendant murder trial SCOTUS

NEW YORK CITY — A federal appeals court says a former traffic court judge must lose his law license for going on a date with a defendant and then ruling in her favor. Michael Dorsky worked for the Department of Motor Vehicles in Garden City, Long Island.

Tagged with: defendant Judge

NEW YORK CITY — A defendant who's appeared to be sleeping at his trial has told the court that he does, indeed, want to be there. Laguerre Payen spoke just as the judge was about to eject him from Manhattan federal court on Wednesday.

Tagged with: defendant federal court new york city trial