Second Circuit Holds Full De Novo Resentencing Hearing Required Based on Partially Successful Habeas Petition Where Resentencing Judge Not Original Judge and Changed Circumstances Plausibly Alleged by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Second Circuit held that a prisoner was entitled to a full …
Wrongfully Convicted Actor Exonerated After 24 Years in Prison by Jon-Adrian Velazquez’s wrongful conviction for the 1998 murder of retired NYPD detective Albert Ward was vacated on September 30, 2024, after spending over 23 years behind bars. Leaving court on that momentous Monday, Velazquez, now 48, wore a baseball cap …
Nunez v. New York City Dept of Correction, NY, Opinion and Order on Motion for Contempt, Conditions of Confinement, 2024 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MARK NUNEZ, et al., Plaintiffs, -v- No. 11-CV-5845-LTS NEW YORK CITY DEPARTMENT OF CORRECTION and THE CITY OF NEW YORK, Defendants. …
News In Brief by Alabama: WSFA out of Mobile reported that on August 22 and 23, 2024, a sex trafficking sting operation occurring in several jurisdictions resulted in the arrests of 11 men. Montgomery County Sheriff Derrick Cunningham and other law enforcement officials discussed the results at a press conference. …
Federal Judges Closing Loophole That Permits Government to Conduct Warrantless Searches of Cellphones at Border by Douglas Ankney by Douglas Ankney In a series of rulings from federal judges, the loophole allowing government agents from Customs and Border Patrol (“CBP”) to search cellphones without a warrant is closing. According to …
News in Brief by Arizona: On June 29, 2024, the Tempe police department posted a Facebook message regarding an award that two of its officers had just received. “Congratulations to Officer Zachary Hyde and Officer Gavin Young. Last night both received the Hero Award at the 35th annual Mothers Against …
Investigation Reveals That Almost 90% of Discipline Records Temporarily Disappeared From Officer Tracking System Used by the NYPD by Jo Ellen Nott by Jo Ellen Nott A ProPublica investigation published in May 2024 has uncovered significant reliability issues with the New York Police Department’s (“NYPD”) public database for tracking officer …
New York Court of Appeals Announces ‘Due Diligence’ Is Applicable Standard for Certificate of Compliance Regarding Discovery Obligations and Trial Readiness, Improper Certificate Is ‘Illusory” and Fails to Toll Speedy Trial Clock by Matthew Clarke by Matt Clarke The New York Court of Appeals held that the prosecution’s failure to …
New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense by Richard Resch by Richard Resch The Court of Appeals of New York reversed Harvey Weinstein’s convictions for …
New York Court of Appeals: Dismissal Required Where Prosecution Failed to Explain Repeated Requests for Post-Readiness Adjournment by Sam Rutherford by Sam Rutherford The Court of Appeals of New York, the state’s highest court, held that the People violated a defendant’s statutory right to a speedy trial by filing …
Monroe County Office of Mental Health & Rochester Police Dept., NY, Presentation on Excited Delirium, 2024 Monroe County Office of Mental Health & Rochester Police Department Psychological behaviors • Paranoia • Delusional • Agitation • Cannot follow commands • Emotional changes • Disoriented • Hallucinations • Looks like \\just snapped" …
NYS DOCCS Halt Report 08-05-24 State of New York Offices of the Inspector General Review of the First Two Years of HALT at the New York State Department of Corrections and Community Supervision August 2024 Lucy Lang Inspector General EXECUTIVE SUMMARY On March 31, 2021, the Humane Alternatives to Long-Term …
New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat by Douglas Ankney by Douglas Ankney The Court of Appeals of New York held that application …
Disgraced NYC Council Candidate Gets Slap-on-the-Wrist Sentence by Jordan Arizmendi by Jordan Arizmendi In September 2016, Celia Dosamantes, 26 at the time, was arrested for faking donations to her campaign for city council the year before. She was also charged with submitting a digitally altered check. When she finally appeared …
New York Court of Appeals Declines to Adopt Per Se Rule That Handcuffed Person Is Always ‘In Custody’ for Miranda Purposes, but Holds the Handcuffed Defendant Was ‘In Custody’ and Suppress Incriminating Statements by Douglas Ankney by Douglas Ankney The Court of Appeals of New York declined to adopt a …
New York Court of Appeals: Admission of Prior Bad Acts Evidence to Prove Propensity to Commit Crime Harmful Error by David Reutter by David M. Reutter The Court of Appeals of New York held a trial court erred in admitting evidence of prior bad acts evidence. It further concluded the …
New York Governor Signs Law Sealing Millions of Criminal Records From Public View by Douglas Ankney by Douglas Ankney In late 2023, New York Governor Kathy Hochul signed the Clean Slate Act into law, permitting millions of criminal convictions to be sealed. “With the signing of this law, it adds …
Feliciano v. City of New York, NY, Settlement, Medical and Mental Neglect, 2024 Case 1:20-cv-10033-LAK Document 158-2 Filed 04/05/24 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - ----------- - - ----- - - ------------- ------------- - ------------··· · X MADELINE FELICIANO, individually and as …
Stanbro v. Palou, NY, Opinion and Order, Medical Malpractice, 2024 Case 7:19-cv-10857-KMK Document 190 Filed 03/21/24 Page 1 of 29 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CHAD STANBRO, Plaintiff, v. CORRECTION OFFICER NADYA PALOU, et al., Defendants. Nos. 20-CV-1591 (KMK), 19-CV-10857 (KMK) CHAD STANBRO, Plaintiff, v. WESTCHESTER …
