To see the" federal grand jury indictment of Alaskan Republican Senator Ted Stevens, charging him with concealing valuable gifts from an oil service company and its CEO on his congressional financial disclosure forms", click here.
________________________________
From: Findlaw: Featured Documents, July 29, 2008.
To see the New York Supreme Court Appellate Division First Department decisions (including index) released on July 29, 2008, click on the links below:
Index to Slip Opinions 7-29-08
New York Supreme Court Appellate Division 1st Department Slip Opinions 7-29-08
In Re GRA v. LLC et. al. v. Meenakshi Sriniversan et. al.
Golden Gate Yacht Club v. Societe Nautique Ed General et. al.
.:: During the 2008 ABA Annual Meeting, the Judicial Division will be hosting several interesting educational programs for the judges, lawyers, and law students, including the following:
: ** National Conference of State Trial Judges 50th Anniversary Program
** A Swift Round-trip on Erie Railroad: State Law in Federal Courts; Federal Law in State Courts
** When Judges Speak: The Ethics of Judicial Outreach and Communication
** Military Litigants & Witness in Civilian Courts: Challenges for the Bench, Bar, and Deployed Military Member
** What the Presidential Candidates Should be Saying about Federal Judicial Selection
** Maze of Injustice: The Failure to Protect Indigenous Women from Sexual Violence in the USA
** How Judges Think: Rule of Law, or Rule of Man?
The following are links to State of New York Annual Reports of the Chief Administrator of the Courts, beginning with the Report for 2004. The most recent report available at this initial posting is for 2006. It is our intention to post subsequent reports as they become available.
The annual reports of the Chief Administrator of the New York Unified Court System, which are submitted to the Governor and the Legislature in accordance with Section 212 of the Judiciary Law, reflect the activities of the Unified Court System (UCS) of the State of New York for the year reported.
Included in these reports are significant statistical data, an outline of court structure, highlights of the court system's initiatives--borth administrative and programmatic--and a summary of the legislative agenda of UCS for the year reported.
From: Internet Society, New York. Announcement July 28, 2008.
On Wednesday, July 30th at 11:00am there will be a briefing from the Mayor’s Office and iamond Consultants for the Broadband Advisory Committee regarding the Bloomberg administration’s plans for bridging the digital divide in New York City.
The Broadband Advisory Committee was established in 2005 with the passage of Introduction 25-A creating a joint public broadband commission to advise the Mayor and the City Council of New York on how the resources of City government can be used to stimulate the private market so that residents and businesses of New York City have more options in terms of high-speed internet access. The goal of the committee is to educate the general public about broadband and the newest communication technologies, and to give New York City residents the opportunity to comment on how the digital divide in New York City can be closed. To support these efforts the Broadband Advisory Committee has held public Broadband Hearings in the Bronx, Brooklyn, Manhattan, and Queens. The Committee will hold its fifth and final hearing in
Staten Island this fall.
Diamond Consultants was hired by the New York City Economic Development Corporation to determine the breadth of the digital divide in New York City and develop programs and initiatives to provide greater digital inclusion for all residents. Chris O’Brien, a Partner in Diamond’s
Public Sector practice, will be detailing Diamond’s findings and its recommendations for the City’s next steps.
The meeting will take place in the Committee of the Whole Room, City Hall, New York, NY on Wednesday, July 30th at 11:00 am. This is a public meeting and all are welcome to attend. For further information please contact Kunal Malhotra, Director of Legislation & Budget, 212-788-6975 or Kunal.Malhotra@council.nyc.gov
From: NY1: Top Stories July 28, 2008.
July 28, 2008
"Governor David Paterson confirmed this morning that he will deliver a special address to New Yorkers tomorrow evening on the state's poor financial condition.
At the press conference, he will break the news that services will be cut and the state workforce must be reduced.
The governor will order state agencies to reduce budgets beyond the 3.3-percent cuts ordered earlier this year.
"One thing about panic, at least the situation is being addressed," said the governor today. "We don't have to panic, because there are ways we can respond. But, we're going to have to respond immediately."
Paterson has reportedly been meeting with financial experts and former state officials from the administrations of Governors Mario Cuomo and Hugh Carey.
Paterson could call the state Legislature back in session to propose revising the budget."
An Investigation of aAllegation of Politicized Hiring by Monica Gooding and Other Staff in the Office of the U.S. Attorney General, July 28, 2008.
To see entire Report in pdf format click here.
From: Findlaw Summaries: July 23-25, 2008.
BANKRUPTCY LAW, CIVIL PROCEDURE, CLASS ACTIONS, INTERNATIONAL LAW, SECURITIES LAW
Bondi v. Capital & Fin. Asset Mgmt. S.A., No. 07-2949
"Denial of motion by debtor in foreign bankruptcy proceedings to enjoin actions brought against it in the United States is affirmed where the district court acted within its sound discretion in interpreting 11 U.S.C. section 304(c)'s instruction to assure an economical and expeditious administration of a foreign estate. "
CIVIL PROCEDURE, IMMIGRATION LAW
Llanos-Fernandez v. Mukasey , No. 07-0756
"Petition for review of a denial of minor petitioner's motion to reopen his removal proceedings and rescind his in abstentia order is granted where petitioner's uncle, into whose custody he had been released, was not served with the notice of the hearing."
CIVIL RIGHTS, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW, INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE
Williams v. Town of Greenburgh, No. 06-4897
"In an action under 42 U.S.C. section 1983, judgment dismissing plaintiff's claims against defendant-town and two municipal officers is affirmed where: 1) plaintiff's desire to use town's community center was not protected by his right to freedom of movement; 2) plaintiff's speech was not silenced or chilled by defendant's allegedly punitive conduct; and 3) probable cause supported the arrest and prosecution of plaintiff's criminal trespass."
CRIMINAL LAW & PROCEDURE, EVIDENCE
"A conviction pursuant to a plea to possession by a felon of ammunition shipped in interstate commerce is affirmed over a challenge to a denial of a suppression motion where: 1) typographical errors did not render the warrant invalid; and 2) a reference in the warrant to a supporting affidavit was permissible."
CONTRACTS, PROPERTY LAW & REAL ESTATE
Rivkin v. Century 21 Teran Realty LLC, No. 05-6566-cv
"In a real estate matter, summary judgment for defendants is affirmed where defendants, acting as buyer's agents, did not breach a fiduciary duty to plaintiff by failing to disclose the representation of a competing bidder for the property plaintiff sought to purchase."
IMMIGRATION LAW
Passi v. Mukasey, No. 07-2102-ag
"In an immigration matter, petition for review of a denial of petitioner's application for asylum is granted and the case is remanded where the BIA could not have conducted an individualized analysis of how changed country conditions would affect someone in petitioner's situation."
CIVIL PROCEDURE, CRIMINAL LAW & PROCEDURE, HABEAS CORPUS, PER CURIAM, SENTENCING
Contino v. United States, No. 08-1575
"In proceedings arising from a denial of petitioner's 28 U.S.C. section 2255 motion to vacate his guilty plea and sentence, government's motion to dismiss defendant's appeal for lack of jurisdiction is denied where defendant's notice of appeal was considered to have been timely filed. Defendant's motion for certificate of appealability is also denied where he failed to make a substantial showing of the denial of a constitutional right, as required by 28 U.S.C. section 2253(c)."
CRIMINAL LAW & PROCEDURE
"A conviction pursuant to a guilty plea to being a felon in possession of a firearm is affirmed where: 1) the district court did not abuse its discretion in denying defendant's motion to withdraw his plea without a hearing because, on the basis of undisputed facts, the court permissibly found that defendant's plea was entered voluntarily; and 2) prosecutor's statement, which reminded defendant of the consequences of a decision to proceed to trial, did not render defendant's plea involuntary."
CRIMINAL LAW & PROCEDURE, PER CURIAM, SENTENCING
"A sentence for conspiracy to possess cocaine with intent to distribute and possession with intent to distribute cocaine base is affirmed where: 1) the district court did not abuse its discretion in considering both convictions in sentencing defendant; and 2) the decision in United States v. Regalado, 518 F.3d 143 (2d Cir. 2008), had no application in this case because the Sentencing Guidelines range applied to defendant's case was not the result of the Guidelines, but rather resulted from his undisputed status as a career offender"
ENTERTAINMENT LAW, PER CURIAM, TAX-EXEMPT ORGANIZATIONS
American National Theatre & Academy v. American National Theatre Inc., No. 07-0477
"Denial of plaintiff-non-profit organization's motion to enjoin defendant organization from using a similar name is affirmed where 36 U.S.C. Section 21904 granted plaintiff exclusive use only of the precise name "The American National Theater and Academy" appearing in the statute, 'nothing more, and nothing less.' "
ERISA, LABOR & EMPLOYMENT LAW
Frommert v. Conkright, No. 07-0418
"In a class action ERISA case brought by former and current employees of Xerox Corporation, an order issued by the district court following a prior remand is affirmed in part and vacated in part where: 1) the district court crafted a remedy consistent with the circuit court's decision, applicable law, and the terms of the pension plan at issue; but 2) the district court erred in refusing to enforce certain release forms signed by several plaintiffs."
CIVIL PROCEDURE, IMMIGRATION LAW
"Petition for review of a denial of petitioner's motion to remand his case to an IJ in order to apply for an extreme hardship waiver of the ordinary requirement that a conditional permanent resident file a joint petition with his spouse to remove the conditional designation of his residency status is denied where: 1) there was jurisdiction to hear the matter; but 2) the BIA did not abuse its discretion by refusing to remand petitioner's case"
CIVIL PROCEDURE, PER CURIAM
"An order dismissing plaintiff's claims is affirmed where defendant's claims are time-barred and hence subject to dismissal under Federal Rule of Civil Procedure 12(b)(6)"
CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Delossantos, No. 06-4813
"In a prosecution for drug-related offenses, grant of a motion to suppress post-arrest statements and evidence obtained from defendant's apartment and car is reversed where agents had probable cause to arrest defendant based on known or reasonably trustworthy information possessed by agents"
CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Gray, No. 07-3636
"Reckless endangerment, in violation of N.Y. Penal Law section 120.25, is not a "crime of violence" under U.S.S.G. section 4B1.2(a)(2)".
.
Electronic Evidence: Law and Practice, Second Edition
Paul R. Rice
--------------------------------------------------------------------------------
Available in August 2008
"Electronic Evidence: Law and Practice explores the range of problems encountered with electronic communications from discovery to trial, and offers practical solutions to both existing and potential problems. It examines (1) the new discovery rules and how they relate to past practices, and (2) fundamental evidentiary issues governing the admissibility of electronic evidence. Particular emphasis is given to the unique problems evolving around the way in which parties are asserting the attorney-client privilege and judges are applying it to e-mail communications."
"Author Paul Rice offers a unique perspective on the attorney-client privilege issues of electronic evidence. He has 40 years of teaching experience, served as a special master for over 30 years, ruled on hundreds of thousands of privilege claims, and written the leading treatises on the subject of the attorney-client privilege for both state and federal courts."
Product Details:
Regular Price: $120.00 Section Member Price: $95.00
©August 2008
6x9
510 pages, Paper
Product Code:
5310375
Expert analysis and guidance on electronic evidence issues
__________________________________
State Antitrust Enforcement Handbook, Second Edition
"State antitrust law and state attorneys general have become increasingly prominent parts of the antitrust landscape. State Antitrust Enforcement Handbook, Second Edition focuses on how state attorneys general exercise their rights to investigate antitrust concerns and to secure remedies for antitrust violations."
Product Code: 5030516
Regular Price: $169.00
Section Member Price: $139.00 ©2008 6 x 9 - Paperback
400 pages
_________________________________
Mergers and Acquisitions: Understanding the Antitrust Issues, Third Edition
"Since the publication of the first edition of Mergers and Acquisitions, the federal agencies and state attorneys general have continued an active merger agenda and have refined merger analyses through settlements, liquidated cases, and speeches. This third edition has been completely updated to capture the most important developments in this area."
Product Code: 5030518
Regular Price: $199.00
AT Section Member Price: $169.00
_________________________________
Data Security Handbook
"The purpose of the Data Security Handbook is to provide legal practitioners and information technology specialists with a concise, practical guide that summarizes common information security vulnerabilities and how to manage them; legal and industry information security safeguard requirements and recommended practices; the legal obligations that apply when an organization has incurred a data breach; factors that contribute to a compliant information security program; and potential legal theories in actions involving the alleged misuse or compromise of personal information."
Product Code: 5030517
Regular Price: $144.00
Section Member Price: $124.00 ©2008 6 x 9 - Paperback
160 pages, Paper
_________________________________
NEW CENTENNIAL EDITION
Model Rules of Professional Conduct, 2008 Edition
Centennial Edition
"The 2008 Edition of the Model Rules of Professional Conduct will provide you with an up-to-date resource for information on lawyer ethics. The Rules, with some variations, have been adopted in 48 jurisdictions. Federal, state, and local courts in all jurisdictions, even those that have not formally adopted the Rules, look to the Rules for guidance in resolving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions, and much more. In this volume, the black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, your colleagues, and the courts."
Centennial edition
On August 27, 1908, at a meeting in Seattle, Washington, the American Bar Association adopted the Canons of Professional Ethics, the first set of model standards of ethical conduct for lawyers nationwide. In August 2008 the ABA marks a century of worldwide leadership in developing standards of professional conduct for the legal profession."
Product Details:
Regular Price: $19.95
Section Member Price: $14.95
©2008
6 x 9 - Paper
188 pages
Product Code:
2150023
____________________________________
VIRTUAL LAW: Navigating the Legal Landscape of Virtual Worlds
By Benjamin Tyson Duranske
--------------------------------------------------------------------------------
"This book is an introduction to the emerging and fascinating world of virtual law. It examines current cases and legislation impacting virtual world providers and users, and makes predictions about the future application of current law. It addresses the application of intellectual property law (copyright, trademark, and patent), criminal law, property law, contract law, securities law, tax law, and civil procedure. The author provides clear and practical advice on how to create a virtual world presence for your practice or for your clients with virtual world connections. The book also includes extensive appendices listing in-world and web-based resources for practitioners and legal scholars."
"If you are one of the many who have read about and heard about virtual worlds but do not really understand what a virtual world is, or even how to use appropriate terminology when discussing them, then this is the book for you."
Product Details:
2008
6 X 9, 430 Pages, Paperback
Product Code: 5450052
Regular Price: $49.95
Top Ten Stories of the Week ,July 25, 2008.
Law Practice Management
'Cravath Model' that Created Have and Have-Not Law Grads Could Implode
Jul 22, 2008, 09:00 am CDT
Law Firms
Firm Unveils Comical 'Lawyer Job Interview Translator'
Jul 22, 2008, 01:02 pm CDT
Labor & Employment
Big UK Firm Bans BlackBerrys for Attorneys on Vacation
Jul 22, 2008, 07:21 pm CDT
In-House Counsel
Bonuses for Top-Paid GCs Jumped 17%, to an Average of $1.1M
Jul 23, 2008, 06:01 am CDT
Tort Law
Lawyer Chases Down Columnist Novak After Accident
Jul 23, 2008, 02:03 pm CDT
Guantanamo/Detainees
Covington Partner Reveals Resignation After Revealing Press Conference
Jul 21, 2008, 06:12 am CDT
Tort Law
Plaintiffs Lawyers Have New Target: Radon-Emitting Granite Countertops
Jul 24, 2008, 06:13 am CDT
Family Law
Judge Blasts Actress for 'Callous' YouTube Video, Upholds Prenup
Jul 22, 2008, 07:48 am CDT
Law Firms
Backup Elder Care Is Latest Benefit Offered by Big Law Firms
Jul 23, 2008, 06:23 am CDT
Family Law
New Zealand Judge Renames Girl, Says 'Talula Does the Hula' Was Poor Choice
Jul 24, 2008, 09:51 am CDT
The eNewsletter of the American Library Association (ALA): July 23, 2008.
Child Online Protection Act gets third strike
"After a decade of federal litigation and two decisions that were returned to lower courts from the Supreme Court for further review, the Third Circuit Court of Appeals July 22 unanimously declared unconstitutional for the third time the Child Online Protection Act of 1998 on First and Fifth Amendment grounds. 'The government has no more right to censor the internet than it does books and magazines,' Chris Hansen, ACLU senior staff attorney, remarked after the ruling was handed down...."
ACLU challenges expanded FISA powers
"President George Bush signed into law July 10 the FISA Amendments Act of 2008, a bill expanding legal authority for wiretaps by spy agencies that has been hotly debated since the February expiration of the Protect America Act. Within hours of the bill’s signing, the American Civil Liberties Union filed suit in the U.S. Southern District Court of New York challenging its constitutionality on First and Fourth Amendment grounds...."
New ALA award for best book in library literature
"From 2009 through 2013, the Greenwood Publishing Group Award for the Best Book in Library Literature will consist of $5,000 and a commemorative plaque. It will be given to an author or coauthors whose work exemplifies excellence in library and information studies. The award was established at the ALA Annual Conference in Anaheim, California...."
World’s oldest Bible goes online
"More than 1,600 years after it was written in Greek, one of the oldest copies of the Bible will become globally accessible online for the first time on July 24. High-resolution images from the Codex Sinaiticus, which contains the oldest complete New Testament, as well as notes on the work made over centuries, will appear on the Codex Sinaiticus Project website as a first step towards publishing the entire manuscript by next July...."
Facebook gets a facelift
"Facebook rolled out a major redesign of its social networking site late July 20 featuring a cleaner interface that links feed technology with user forums. Company officials said the updated site will give users more control and ownership over their profiles. The new version, now in limited use, will be rolled out gradually to Facebook’s 80 million users. The new look is all about the Wall, the blank space on a profile page that users can fill in with stories, photos, links, and the ever-popular Status Updates...."
New York Times, July 21; TechNewsWorld, July 22
WebAnywhere overcomes visual impairments
"Blind persons generally use computers with the help of screen-reader software, but those products can cost more than $1,000, so they’re not exactly common on public computers at libraries. WebAnywhere, developed by a computer science graduate student at the University of Washington, is an internet application that can make web surfing accessible on most any computer...."
Associated Press, July 16
Online journal access reduces citation breadth (subscription required)
"Scholarly access to more and more journal articles online may have the effect of slowing the steady increase in the number of citations of discrete articles, according to a study published July 18 in Science. University of Chicago sociologist James A. Evans found that as more articles appear online, scholars’ citations tend toward more recent and less diverse articles....
Chronicle of Higher Education, July 18"
Difficulties in determining copyright status
"Peter Hirtle discusses the impact that the 1996 copyright restoration of foreign works has had on U.S. copyright status investigations, and supplies some new steps that users must follow in order to investigate the copyright status of any work. He argues that copyright restoration has made it almost impossible to determine with certainty whether a book published in the United States after 1922 and before 1964 is in the public domain. Digital libraries wanting to offer books from this period do so at some risk...."
To see the complete issue in html format, click here.
D-Lib Magazine 14, no. 7/8 (July/Aug.)
QUESTION:
"My library's board just learned of a plan to move our library from our wonderful space in the county courthouse, to some undecided space in another building (yet to be considered). We barely managed to stall a vote on the decision yesterday, and have just till Monday for the next meeting and vote. The County wants to convert our space to a jury room."
"I wonder how those of you who moved from the courthouse have fared? I would appreciate any letters/messages expressing your experiences, thoughts, or ideas of help. We're rallying as much help from all sources as possible"
SOME RESPONSES:
"We moved from the county courthouse to a renovated building, a joint venture with the county of ..., across the street. It was a carefully planned project and not forced by the county to move. We are very happy to move into the new facility."
"Your situation is different from ours. You have to tell the county why you should stay at where you are. It's politics which you need to present your case and lobby with the decision makers. It sounds like the court wants the space and has asked the county to pursue on their behalf. Good luck on pursuing your case."
______________________________________
"I'm not the best to speak about this (bc I wasn't here at the time), but the ... County Public Law Library happily moved out of the ... Superior courthouse approximately 5 years ago. We love the 'new' law library space in a renovated building about 2 blocks away from the courthouse.
There is much more space for patrons, the collection, patron computers and staff; we have a great Training Center where we offer classes of all kinds to attorneys and self-represented litigants; and so on. The best thing is that we can now offer our patrons extended evening and Saturday hours (including offering classes on evenings and Saturdays).
It has been a real win-win situation. I am aware of the former space that the law library occupied in the courthouse basement, and it was insufficient for our needs & dark (we now have windows - yay). But the court has utilized this space for their needs, and they are very tight for space.
I don't know what your situation is, and it can be ideal to be inside the courthouse for many reasons. That said, being outside may also offer opportunities for good growth and change.
But I agree with ...: you need to enlist the aid of some stake holders to lobby the powers that be, if you truly feel that this is a mistake. Who can help you with this effort? Do you have patrons that could speak on your behalf and clearly articulate why it is important to them for the law library to remain in the courthouse? Do you have local politicians who could speak up on your behalf? What about your Board? What about the general public library (eg, is it beneficial from their perspective to have you in the courthouse - or - will they speak up on your behalf)?
If you cannot change their minds (from moving you out of the courthouse), then use your stake holders to assist you in obtaining the right space in the right building that is close to the courthouse.
List the pros & cons of moving and good luck with your efforts."
_______________________________________
"It may just simply be that the Court is not aware of how much use your library gets; and not just by those who have business with the Court. It also sounds like you have a small library - this could be a chance to LOBBY for a convenient location that has more space."
BY Christina Laun
From the Introduction:
"Libraries aren’t just musty places to store books with librarians shushing anyone who makes a peep. They’ve become much more than that and the modern library is often home to sleek architecture and the latest technology. These 25 libraries, in no particular order, demonstrate how libraries have become part of the cutting edge of information management, design and Web technology, and all of them can help you get some ideas on how to bring your library into the future."
To see the entire article click here.
____________________________________
Thanks to Theodore Pollack, Senior Law Librarian, New York County Public Access Law Library for submitting this article for posting.
To see the New York Supreme Court Appellate Division First Department decisions (including index) released on July 22, 2008, click on the links below:
Index to Decisions Released on 07-22-08
Decisions Released by Court on 07-22-08
FCI Group v. City of New York et. al.
Lorilynn Fabiano et. al. v. Philip Morris, Inc. et. al. and Liggett & Myers Tobacco company et. al.
From: Findlaw Opinion Summaries July 18, 21, 2008.
ADMINISTRATIVE LAW, CONSTITUTIONAL LAW, IMMIGRATION LAW
Grant v. US Dep't of Homeland Sec., No. 05-4614
"The circuit court rejects a constitutional challenge to 8 U.S.C. section 1432(a) (1994), which provided that an alien born out of wedlock could obtain derivative citizenship based on the naturalization of his or her mother before the alien turned eighteen but could not obtain derivative citizenship based on the naturalization of his or her father before the alien turned eighteen unless paternity had been established by legitimation"
CRIMINAL LAW & PROCEDURE, EVIDENCE
"A conviction for being a felon in possession of a firearm is vacated and remanded for trial where: 1) the trial court reopened proceedings after the parties' summation and after the jury had been charged and had begun deliberating; 2) the government failed to present an adequate legal explanation that would justify the reopening of the case without a motion from a party; 3) the prosecution elicited testimony that defendant's counsel knew about the evidence in order to discredit counsel; and 4) the late introduction of evidence distorted the importance of the evidence, prejudiced the defense with unfair surprise, and undermined defense counsel's credibility after the defense had already presented its case."
ADMINISTRATIVE LAW, CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, LABOR & EMPLOYMENT LAW, RETAIL
Salmon Run Shopping Ctr. LLC v. Nat'l Labor Relations Bd., No. 06-4961, 06-5510
"An NLRB order requiring a shopping mall operator to allow a union to distribute literature on mall premises is vacated where the mall operator did not improperly discriminate against the union under section 7 of the National Labor Relations Act"
CIVIL PROCEDURE, FAMILY LAW, INTERNATIONAL LAW
Duran v. Beaumont, No. 06-5614
"Dismissal of a motion for the return of petitioner's daughter to Chile is affirmed where, for purposes of the Hague Convention on the Civil Aspects of International Child Abduction, petitioner had only access rights, not custody rights, leaving the district court without jurisdiction to order the return of the child."
CIVIL RIGHTS, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, EVIDENCE, HEALTH LAW
"In an inmate's 42 U.S.C. section 1983 action alleging excessive force, inmate's petition for writ of mandamus challenging an order requiring him to produce his mental health records is granted because: 1) a plaintiff does not forfeit the psychotherapist-patient privilege merely by asserting a claim for injuries that do not include emotional damage, or by stating that he suffers from depression or anxiety for which he does not seek damages; 2) a plaintiff may withdraw or formally abandon all claims for emotional damages to avoid forfeiting the psychotherapist-patient privilege; and 3) a party's psychotherapist-patient privilege is not overcome when his mental state is put in issue only by another party."
CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Lorenzo, No. 07-1435, 07-1855
"Drug importation, distribution, and conspiracy convictions are reversed where no evidence was offered that: 1) either defendant knowingly entered a conspiracy with the specific intent to violate the relevant statutes; or 2) defendant charged with aiding and abetting importation had knowledge or intent to violate the importation statute."
CRIMINAL LAW & PROCEDURE, SECURITIES LAW, WHITE COLLAR CRIME
"In a securities-fraud case, judgment setting aside jury's guilty verdict is affirmed where defendant's conducting of "interpositioning" trades was not deceptive or misleading."
CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
Pena v. United States, No. 06-0218
"Order holding that appellate counsel was not constitutionally ineffective for failing to inform client of his right to file certiorari is affirmed where: 1) counsel was retained, not appointed, and thus the Criminal Justice Act does not apply; 2) petitioner's other arguments were without merit."
HABEAS CORPUS
Nnebe v. United States, No. 05-5713
"Denial of petition for habeas relief, alleging that court-appointed counsel failed to timely petition for certiorari review is vacated and remanded where, construing the appeal as motion to recall the mandate, the motion is granted, the judgment vacated, and the matter is remanded in accordance with Wilkins v. US, 441 U.S. 468 (1979). "
IMMIGRATION LAW
"Petition for review of a denial of asylum and related relief is denied where: 1) the REAL ID Act of 2005 abrogated the circuit court's holding in a prior case that an adverse credibility determination cannot be based on inconsistencies and omissions that are ancillary or collateral to an applicant's claims of persecution; and 2) pursuant to the REAL ID Act, an IJ's adverse credibility was proper in light of the totality of the circumstances."