Public Defense Blog Posts from July 29, 2010
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Our Blips Aren't Sealed
United States v. Amanuel, No. 06-1103-cr (2d Cir. July 29, 2010) (Cabranes, Katzmann, Hall, CJJ)After a nearly eight-year journey through both the state and federal courts without being tried, the defendants here will finally have to face the music. In this decision, the circuit vacated most of the district court?s order suppressing the evidence againsPosted on Second Circuit Blog on July 29, 2010 at 2:01 PM
Cops Out
United States v. Caracappa, No. 09-1177-cr (2d Cir. July 23, 2010) (Kearse, Sack, Wesley, CJJ)When last we heard from Stephen Caracappa and Louis Eppolito, two corrupt NYPD detectives who also did hits for the mob, the circuit had vacated a district court order tossing their RICO conspiracy conviction and granting them a new trial on the remaining counPosted on Second Circuit Blog on July 29, 2010 at 12:38 PM
PC World
United States v. DeSilva, No. 09-2988-cr (2d Cir. July 28, 2010) (per curiam)In this child pornography case, the sentencing court made a clearly erroneous finding of fact in the defendant?s favor. On the government?s appeal, the circuit vacated and remanded.DeSilva was charged only child pornography offenses, but in the course of the investigation admiPosted on Second Circuit Blog on July 28, 2010 at 3:53 PM
Land of Enhancement
United States v. Tutty, No. 09-2705-cr (2d Cir. July 16, 2010) (Calabresi, Pooler, Chin, CJJ)In United States v. Dorvee, 604 F.3d 84 (2d Cir. 2010), the court held that the child pornography Guidelines are entitled to less deference because they are not the product of an ?empirical approach,? and because they ?provide for a series of enhancements thatPosted on Second Circuit Blog on July 28, 2010 at 3:19 PM
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Self Defense
It's legal to defend yourself and your family
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
My fiance's check is DD into a local credit union. Bank seems to have a pattern of "invisibly holding" charges from the debit card until just HOURS before his DD is processed (and this is after hours, of course). Over th
Have your fiance take the information you've collected and go into the bank...
Does a Chapter 7 bankruptcy discharge a secured mortgage loan?
Yes if you file they cannot sue you to the knowledge I know. My brother is in re...
How to prevent an arrest from appearing in the local newspaper?
Dont know the law in Minnesota but in most jurisdictions an arrest is a matter o...
It is my understanding that the 6th Amendment requires, that if you can't afford a lawyer in a criminal case, the Court must provide a lawyer in your defense at no charge to you. However, in a civil case no such protecti
That is not entirely true, even in the case of criminal cases. The court will pr...
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I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
My fiance's check is DD into a local credit union. Bank seems to have a pattern of "invisibly holding" charges from the debit card until just HOURS before his DD is processed (and this is after hours, of course). Over th
Have your fiance take the information you've collected and go into the bank...
Does a Chapter 7 bankruptcy discharge a secured mortgage loan?
Yes if you file they cannot sue you to the knowledge I know. My brother is in re...
How to prevent an arrest from appearing in the local newspaper?
Dont know the law in Minnesota but in most jurisdictions an arrest is a matter o...
It is my understanding that the 6th Amendment requires, that if you can't afford a lawyer in a criminal case, the Court must provide a lawyer in your defense at no charge to you. However, in a civil case no such protecti
That is not entirely true, even in the case of criminal cases. The court will pr...
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