Opinion Summaries: Second Circuit U.S. Court of Appeals April 24, 2008
From: Findlaw Opinion Summaries, April 24, 2008.
CIVIL PROCEDURE, CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW, INJURY AND TORT LAW, INTERNATIONAL LAW, REMEDIES
Mora v. People of the State of New York, No. 06-0341
"A state-party's failure to fulfill its obligation to inform a detained alien of the prospect of consular notification and access, pursuant to Article 36 of the Vienna Convention, cannot form the basis for the individual to bring an action for damages under the Alien Tort Statute (ATS), 42 U.S.C. section 1983, or directly under the Vienna Convention."
CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
"In a case wherein the district court declined to resentence the defendant on a remand pursuant to US v. Crosby, 397 F.3d 103 (2005), the order is affirmed over claims that the district court erroneously refused to consider the terms of a rejected plea offer in which the government had offered to recommend a lower sentence."
