Federal Judiciary

LexPress: Justifying a Judge Suit

Posted on February 06, 2008
By Jesse Sunenblickjsunenblick@judicialstudies.comPosted: 02-06-08A Manhattan judge allows a second judicial pay raise suit to proceed on a separation of powers claim. In other news, will the Second Circuit reinstate the principal of a city Arabic-oriented high school who was fired for discussing the term "intifada" with the press?

TROUBLE IN EVIDENCE

Posted on February 06, 2008
By Mark Thompsonmarkthomp@yahoo.comPosted 02-06-08 Two rare reversals on motions to suppress criminal evidence reveal the relativity of search-and-seizure oversight. 

LexPress: A Win for Hertz and Avis

Posted on February 05, 2008
By Jesse Sunenblickjsunenblick@judicialstudies.comPosted: 02-05-08The Appellate Division issues a closely-watched decision about rental car agency insurance rules. In other news, a Manhattan judge is overruled for allowing a hospital to administer psychotropic drugs to an involuntarily-committed teenager.

LexPress: From Canada, With Love

Posted on February 04, 2008
By Jesse Sunenblickjsunenblick@judicialstudies.comPosted: 02-04-08The Fourth Department rules that New York State must respect valid, out-of-state marriages of same-sex couples. In other news, Newsday explores shady political linkage in a case against 10 Long Island nurses charged with endangering patients at nursing homes.

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LexPress: Official Victim

Posted on February 01, 2008
By Jesse Sunenblickjsunenblick@judicialstudies.comPosted: 02-01-08The First Department reverses a Manhattan Surrogate's allegations of foul play and rules that a physician last seen on the evening of September 10, 2001 near the World Trade Center likely died from the next morning's terrorist attacks...

Lexpress: Pervert.com

Posted on January 31, 2008
By Jesse Sunenblickjsunenblick@judicialstudies.comPosted: 01-31-08State Attorney General Andrew Cuomo joins with the Legislature in touting a new bill aimed at online sex predators. In other news, a Suffolk County judge disallows testimony on false confessions.

LexPress: Lynne Stewart's Knowledge and Intent

Posted on January 30, 2008
By Jesse Sunenblickjsunenblick@judicialstudies.comPosted: 01-30-08 Lynne Stewart's appeal of her conviction for abetting a terrorist group before the Second Circuit touches on the finer points of the First Amendment. In other news, Manhattan Supreme Court Justice Emily Jane Goodman writes about a new anti-harassment law that would allow tenants to sue neglectful landlords in Housing Court.

Name Recognition

Posted on January 30, 2008
By Heidi Brugginkhbruggink@judicialstudies.comPosted 01-30-08Appellate court leader Gail Prudenti benefited early on from family political connections, but today her record speaks for itself.

NO-FAULT SCORECARDBy Mark Thompsonmarkthomp@yahoo.com

Posted on January 30, 2008
NO-FAULT SCORECARDBy Mark Thompsonmarkthomp@yahoo.com Posted 1-30-08The Appellate Division’s Second Department has picked up this year where it left off last year in at least one respect: the appellate court is trying to teach some lessons about the ins and outs of the state’s no-fault auto insurance statute to a bunch of wayward judges in Brooklyn...

LexPress: Jumping Out of the Jury Pool

Posted on January 29, 2008
By Jesse Sunenblickjsunenblick@judicialstudies.com Posted: 01-28-08What to make of the decision by defense attorneys for the three detectives on trial for killing Sean Bell to opt for a bench trial in Queens? And elsewhere, what to make of 1,200 Louisiana flood victims filing suit in New York, after their own state Legislature declined to grant payment of a $91 million verdict...

Lexpress: The Nominal Nussbaum

Posted on January 28, 2008
By Jesse Sunenblickjsunenblick@judicialstudies.comPosted: 01-28-08 Does the enlisting of attorney Bernard Nussbaum in the judicial pay raise quagmire portend a lawsuit? Also, police investigate the possibility that a Brooklyn Surrogate Judge was targeted with racist graffiti.

LexPress: Too Many Questions

Posted on January 25, 2008
By Jesse Sunenblickjsunenblick@judicialstudies.comPosted: 01-25-08The New York Times has an interview with Brooklyn Surrogate Court Judge Margarita López Torres, in the wake of the U.S. Supreme Court's rejection of her challenge to New York's judicial election system...

LexPress: In Queens We Trust

Posted on January 24, 2008
By Jesse Sunenblickjsunenblick@judicialstudies.comand Leah Nelsonlnelson@judicialstudies.comPosted: 1-24-08 The Appellate Division rules that the Sean Bell murder trial will stay in Queens. In other news, district attorneys from New York's 62 counties meet and discuss expanding the role of nonviolent drug offender courts...

Where Next?

Posted on January 23, 2008
By Jason Boogjasonboog@judicialstudies.comPosted 1-23-2008Even members of the U.S. Supreme Court who rejected the constitutional challenge to New York's judicial selection system agreed that the status quo was arguably 'stupid.' So what avenues are still open to those who would air out the smoke filled rooms?

LexPress: Budgeted In

Posted on January 23, 2008
By Jesse Sunenblickjsunenblick@judicialstudies.comPosted: 01-23-08 Governor Spitzer's proposed 2008 budget contains two judicial pay raise plans. In other news, a Court of Appeals judge's mass email urging solidarity on the issue gains support.

CORRALLING WAYWARD JURORSBy Mark

Posted on January 23, 2008
CORRALLING WAYWARD JURORSBy Mark Thompsonmarkthomp@yahoo.com Posted 1-23-08Last year, the Appellate Division reversed a Manhattan judge for coming down too hard on a juror who the judge believed was trying to finagle his way off a jury. Last week, the appellate court reversed New York County Supreme Court Justice Lewis Bart Stone for cutting a possibly malingering juror way too much slack...

LexPress: Cuba (Not) Libre

Posted on January 22, 2008
By Jesse Sunenblickjsunenblick@judicialstudies.comPosted: 1-22-08The city's Department of Education can investigate a high school field trip to Cuba, a Manhattan judge rules. In other news, a 500-pound retired cop is denied a hike in his disability pay, and the sale of the General Motors Building is stalled by a lawsuit alleging its last sale in 2003 was orchestrated through a "sham auction...

LexPress: The CIA and Hellerstein

Posted on January 18, 2008
By Jesse Sunenblickjsunenblick@judicialstudies.comPosted: 1-18-08Southern District Judge Alvin Hellerstein has fighting words for the CIA as the interrogation tape scandal hits Manhattan Federal District Court. In other news, pedicab drivers are rebuffed, and the special prosecutors appointed to investigate the Martin Tankleff case have a court hearing.

LexPress: Party Time!

Posted on January 17, 2008
By Jesse Sunenblickjsunenblick@judicialstudies.comPosted: 1-17-07 The New York Times, among others (including us, see below), discusses the U.S. Supreme Court's landmark decision yesterday upholding New York's method of electing its trial court judges...

The Geography of Justice

Posted on January 16, 2008
By Mark Thompsonmarkthomp@yahoo.comPosted 01-16-08 Whether you're representing construction worker with a highrise injury or a tenant with cat in a condo, when it comes to the law in New York, your borough is your destiny.

Borough Bashing

Posted on January 16, 2008
By John Ennisjohnennis@judicialstudies.comPosted 1-16-08Do reversal rates differ by borough? Do we know why? Does it matter?

DRUG RESENTENCING REPORT CARDBy

Posted on January 16, 2008
DRUG RESENTENCING REPORT CARDBy Mark Thompsonmarkthomp@yahoo.comPosted 1-16-08More than a thousand incarcerated drug offenders were eligible to apply for more lenient sentences under the Drug Law Reform Acts of 2004 and 2005. Through the end of last year, 115 appeals from resentencing decisions by New York City trial judges had made it through the two local departments of the Appellate Division...

SCOTUS Unanimously Rejects Reformers

Posted on January 16, 2008
By Jason Boogjasonboog@judicialstudies.comPosted 1-16-08 Why New York judicial reformers failed to win over the high court.

LexPress: Union Dues

Posted on January 16, 2008
By Jesse Sunenblickjsunenblick@judicialstudies.comPosted: 1-16-08 A settlement is approved in a 37-year-old racial discrimination suit against the Sheet Metal Workers Union. In other news, Governor Spitzer names four appointments to the Appellate Division, Second Department.

LexPress: Expanding Dockets and Muscle Mass

Posted on January 15, 2008
By Jesse Sunenblickjsunenblick@judicialstudies.comPosted: 01-15-07The numbers say Suffolk County needs more judges. In other news, the first doctor implicated in Albany District Attorney David Soares's steroid investigation is sentenced to prison.

LexPress: Dockets and Development

Posted on January 14, 2008
By Jesse Sunenblickjsunenblick@judicialstudies.comPosted: 01-14-07 The latest federal court backlog statistics offer more questions than answers. In other news, a Manhattan Supreme Court justice dismisses one of the last remaining legal challenges to the Atlantic Yards development project...

LexPress: Public Space or Private School Sports?

Posted on January 11, 2008
By: Jesse Sunenblickjsunenblick@judicialstudies.comPosted:01-11-07 Manhattan Supreme Court Justice Shirley Kornreich will decide the fate of a city plan to turn over 66 athletic fields on Randall's Island to private schools. In other news, Manhattan Supreme Court Justice Edward Lehner rules on a second pay raise lawsuit.

LexPress: Dissecting Spitzer's Speech

Posted on January 10, 2008
By Jesse Sunenblickjsunenblick@judicialstudies.comPosted: 01-10-07The New York Law Journal reports on Governor Spitzer's State of the State speech, which ignored judicial pay raises. In other news, the NYPD is sued by groups who want access to its database of stop-and-frisk recordings, in an attempt to limn the department's use of racial profiling...

LexPress: Leaving in Droves?

Posted on January 09, 2008
By: Jesse Sunenblickjsunenblick@judicialstudies.comPosted: 01-09-07 The judicial pay raise scandal claims an Oneida County judge. In other news, after a settlement between New York City and two antiwar groups, Central Park is no longer closed to massive protest groups...

FIX WORSE THAN GLITCHBy Mark ThompsonPosted

Posted on January 09, 2008
FIX WORSE THAN GLITCHBy Mark ThompsonPosted 1-9-08New York County Justice Donna M. Mills deprived the plaintiff in a medical malpractice action of a right to have each juror individually polled when they returned from deliberations and the foreman announced their unanimous verdict in favor of the defendants...

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