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Articles Posted in New York

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Court Discusses Setting Bail

The Facts: Sometime in 1971, the plaintiffs brought a class action 10 against eight judges and other state officials including the State Attorney of Dade County, Florida, asking the federal district court to declare unconstitutional and to enjoin two practices of the defendants: the pretrial detention of arrestees without a…

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Court Discusses Provisions of Mental Hygiene Law

The state of New York is the petitioner in this case. The case is being heard in the Supreme Court of Bronx County. The New York State Attorney General filed a petition stating that the respondent is a detained sex offender who requires civil management according to the Mental Hygiene…

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Court Looks at Jurisdiction Issue in Murder Case

The Facts: Defendant was indicted for murder in the circuit court for the district of Massachusetts. The indictment was founded on the 8th section of the act of congress 30 April 1790 and was tried upon the plea of not guilty. A New York Criminal Lawyer said it appeared in…

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Defendant Argues He Should be Classified as a Level 3 Sex Offender

The People of the State of New York are the plaintiffs in this case. The County Court of the City of New York in Madison County is the location where this case is being heard. The defendant was convicted based on a guilty plea, to rape in the second degree,…

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Court Looks at Racial Discrimination in Employment Practices

This is the latest appeal growing out of the nearly two-decade old, racial discrimination in employment lawsuit involving the Alabama Department of Transportation (ALDOT) and the State Personnel Department (SPD). Those two state agencies were sued in 1985 by what became two plaintiff classes of black employees and prospective employees.…

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Defendant Contends Violations of Search and Seizure Law

Seldom has this Court considered a more spectacular or bizarre case than this habeas corpus petition of an experienced Texas criminal lawyer, former mayor of the City of Pasadena, Texas, who was found guilty in Texas State Court of being the mastermind and accomplice in an especially brutal and horrible…

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Defendants Claim Due Process Rights Violated

Respondent inmates brought this class action in Federal District Court challenging the constitutionality of numerous conditions of confinement and practices in the Metropolitan Correctional Center (MCC), a federally operated short-term custodial facility in New York City designed primarily to house pretrial detainees for federal criminal offense. The District Court, on…

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Minor Charged with Drug Possession

On 2009, a seventeen years old girl was arrested and subsequently accused of felony charges in two separately docketed felony complaints. A New York Criminal Lawyer said she was charged with criminal sale of a controlled substance in the third degree when an undercover police officer alleged in the complaint…

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Plaintiff Seeks Damages Against Landlord for Assault

This involves a case where the Supreme Court Appellate division held that conceivability is not equivalent to foreseebility. The Court herein granted defendant’s motion for summary judgment dismissing the complaint. Plaintiff was a tenant in a building located at 584 Academy Street in Manhattan, owned by defendant holding company and…

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Court Discusses Crime of Conspiracy

On the morning of December 15, 1971 two men and a woman were observed entering the New York residence of the husband and his wife carrying empty shopping bags and a collapsed valise. When they departed, the three left with their once empty receptacles, filled. They were then followed to…

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