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ERPO issued against former prison guard connected to inmate death
New York State Police have obtained an extreme risk protection order (ERPO) to keep firearms out of the hands of Mathew J. Galliher, a former prison guard acquitted of criminal charges related to the death of an inmate.
New trial ordered in murder case
In a split decision, a state appeals court has granted a new trial in a murder case. Defendant Shala Williams was convicted before Onondaga County Court Judge Theodore H. Limpert […]
NY appeals court overturns child porn conviction over Fifth Amendment violation
An appeals court has overturned a child pornography conviction because a search warrant violated the defendant’s Fifth Amendment right.
U.S. Supreme Court: Psych evidence doesn’t violate Fifth Amendment
Defendants who offer a diminished capacity defense cannot seek to exclude rebuttal evidence from court-ordered mental evaluations on Fifth Amendment grounds, the U.S. Supreme Court ruled in Kansas v. Cheever, […]
Second Circuit — Fifth Amendment: United States v. Okatan
U.S. Court of Appeals for the Second Circuit Fifth Amendment Non-custodial Interrogation United States v. Okatan 12-1563-cr Judges Lynch, Lohier and Carney Background: The defendant was convicted of three counts […]
Second Circuit — Fifth Amendment: United States v. Ramos
U.S. Court of Appeals for the Second Circuit Fifth Amendment Polygraph — Compulsion United States v. Ramos 10-4802-cr Judges Winter, Raggi and Chin Background: The defendant was convicted of receiving […]
Missing Witness Charge: People v. Sulli
Appellate Division, Fourth Department Missing Witness Charge Fifth Amendment People v. Sulli KA 07-00936 Appealed from Monroe County Court Background: After jury trial, in which he was convicted of robbery […]
Calif judge to stop ‘don’t ask, don’t tell’ policy
A federal judge said she will issue an order to halt the military’s “don’t ask, don’t tell” policy, after she declared the ban on openly gay service members unconstitutional. U.S. District Judge Virginia Phillips ruled Thursday ...
Does silence waive ‘Miranda’ right?
Anyone who has watched a police drama knows that an arrested suspect has the Fifth Amendment right to remain silent.
SCOTUS: ‘Miranda’ warning adequate
A Miranda warning given by Florida officers indicating the right to an attorney “before” questioning adequately informed the defendant of his Fifth Amendment rights, the U.S. Supreme ...
Case Digests
- Fourth Department – Sandoval ruling: People v. Grefer
- Fourth Department – Murder: People v. Gray
- Second Circuit – Wire fraud: U.S. v. Bankman-Fried
- Fourth Department – Possession of a controlled substance: People v. Clark
- Fourth Department – Visitation agreement: Diedrichs-Wheeler v. McAvoy
- Fourth Department – Labor Law: Delisle v. FBBT/US Properties, LLC
- Court of Appeals – Implied covenant of good faith: 111 West 57th Investment, et al. v. 111 W57 Mezz Investor, et al.
- Fourth Department – Negligence: Castle v. Swarfiguer
- Fourth Department – Bifurcation: Calvaneso v. Mochol
- Court of Appeals – Sex Offender Registration Act: People v. Townsend
- Fourth Department – Action for attorney’s fees: Broadway Warehouse Co. v. Buffalo Barn Board LLC
Law News
- Court of Appeals orders new trial in child porn case
- NY appeals court reverses burglary conviction over plea issue
- Side effect of NY auto insurance reform: costly lawsuits to prove damages
- NY appeals court reduces sentence for man who fired at deputies
- Telesca Center for Justice names new executive director
- Hochul calls for investigation of accusations against former judge
- Onondaga County attorney disbarred after federal convictions
- Weapon conviction reversed due to illegal police search
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