Criminal Law and Justice

October 10, 2008

Findlaw Summaries: Second Circuit U.S. Court of Appeals October 7-9, 2008

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

ADMINISTRATIVE LAW, AEROSPACE & DEFENSE, LABOR & EMPLOYMENT LAW, MILITARY LAW Dibble v. Fenimore, No. 063307

In an action for administrative relief brought by plaintiff-state National Guard service technician who was denied reenlistment, grant of summary judgment in favor of defendant-Secretary of the Air Force is affirmed where: 1) the doctrine of intramilitary immunity does not preclude a federal court from reviewing a challenge under the Administrative Procedure Act to a decision by the Air Force Board for the Correction of Military Records; and 2) the district court correctly found that the Board’s decision was not arbitrary, capricious, contrary to law, or unsupported by substantial evidence.

October 9, 2008

Selections from Forthcoming Books in 2008: Criminal Law

by David Badertscher

A list of forthcoming books scheduled for publication in 2008 selected from a subject search of BIP Professional on October 9, 2008:

Enforcing the Law: Police and Society

Author: Publisher: Wadsworth ISBN or UPC: 0-534-62343-3 (Active Record)

October 9, 2008

New York Appellate Criminal Cases Originating from the New York Supreme Court NY County. October 9, 2008.

by David Badertscher

Update from the Lexis Alert Service, Search run morning of October 9, 2008:

1. People v. Calderon, 4198, 009/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7559; 2008 N.Y. App. Div. LEXIS 7404, October 7, 2008, Decided, October 7, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.

The People of the State …

September 29, 2008

Feature Articles from LLRX.Com, September 2008

by David Badertscher

Sabrina I. Pacifici Founder, Editor, Publisher:

**LLRX Book Review by Heather A. Phillips – We’re All Journalists Now: The Transformation of the Press and Reshaping of the Law in the Internet Age http://www.llrx.com/columns.bookreview11.htm

Heather A. Phillips highlights attorney John Gant’s contention that one’s title, income, and employer are at best side issues in determining who is a journalist in the day-to-day realities of issuing press passes as well as in larger policies such as the extension of shield laws.

September 29, 2008

Findlaw Summaries: Second Circuit U.S. Court of Appeals, September 25, 2008

by David Badertscher

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING

US v. Triumph Capital Group, Inc., No. 064970

September 26, 2008

Crminal Law and Procedure: Case Summaries Update for September 25, 2008

by David Badertscher

Source: Pace and Schmidt

For personal use only. Not for commercial distribution.,

[09/25] US v. Kerley

September 25, 2008

Criminal Law and Procedure: Case Summaries Update September 24, 2008

by David Badertscher

Source: Pace and Schmidt

For personal use only — Not for Commercial Distribution:

Criminal Law & Procedure [09/24] US v. Vega

September 25, 2008

New York Supreme Court Appellate Division First Department: Criminal Cases Originating from the New York Supreme Court NY County

by David Badertscher

Search Update from the Lexis Alert Service, Search run morning of September 25, 2008:

1. People v. Colon, 4110, 2506/02, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7039; 2008 N.Y. App. Div. LEXIS 6881, September 23, 2008, Decided, September 23, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.

The People of the State …

September 24, 2008

U.S. Supreme Court Delays Execution of Convicted Georgia Cop Killer Troy Davis

by David Badertscher

“The U.S. Supreme Court issued a stay of execution for Troy Anthony Davis less than two hours before he was to be put to death by lethal injection yesterday, reports the Atlanta Journal-Constitution. Davis, 39, sits on death row for the 1989, killing of Savannah Police Officer Mark Allen MacPhail. Annelie Reaves, MacPhail’s sister, said the victim’s family was furious but would wait for the execution to be rescheduled”.

“It was the second time that Davis, whose claims of innocence have attracted international attention, was granted a stay hours before he was to be put to death. In July 2007, the state Board of Pardons and Paroles postponed his execution less than 24 hours before it was to occur. Supreme Court justices are scheduled to meet Monday to decide whether to hear Davis’ appeal of a ruling issued by the Georgia Supreme Court in March. In that 4-3 decision, the state court rejected Davis’ bid for a new trial or a court hearing to present new evidence”.

Crime and Justice News, September 24, 2008.

September 23, 2008

Criminal Law and Procedure

by David Badertscher

Source: Pace and Schmidt

For personal use only — Not for Commercial Distribution:

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