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New trial granted for defendant who ignored counsel’s advice
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 Brown, formerly of Niagara Falls, and sent the case back down for a new trial. […]
Last Kensington Towers defendant convicted
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, a fine of $100,000 or both. U.S. Attorney William J. Hochul said the conviction of […]
COA: Defendant can’t confront threatened witness
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, in People v. Smart (2014 NY Slip Op 02972), found the trial court was not […]
Hearing set on sanity exams for James Holmes
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 place this week, but the judge postponed it after saying the defense had made contradictory […]
Court bars retrial of Michigan arson suspect
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 with arson after he was seen running away from a burning vacant house in Detroit […]
Comprehension of ‘Miranda’ rights measured
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 test that measures a person’s vocabulary and comprehension of the wording typically used in Miranda […]
Case could set new double jeopardy standard
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 the elements of the crime, legal experts say the ruling could have a big impact. […]
First defendant completes veterans treatment court
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 prosecution of a federal criminal case for assault and making telephonic threats was deferred for […]
NY judge drops Binladen Group as 9/11 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 “financial lifeline” to the terrorist leader after he was removed as a shareholder following the […]
Court says dying witness statement OK at trial
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.
Court: Judge went on date with defendant
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.
Defendant awakes, says he wants to be at trial
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.
Case Digests
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
Law News
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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