This case originated almost two decades ago when the plaintiff-prisoners, complaining of the conditions in the Harris County jails, filed a class action lawsuit against certain Harris County officials (“County”). The district court, based on extensive hearings, found the conditions in the jail to be inhumane. Subsequently, on February 4,…
Articles Posted in Criminal Procedure
Respondent Claims Constitutional Rights Were Violated
Two suits, permitted to proceed as class actions, were brought in District Court under 42 U.S.C. § 1983 by respondents, individuals and organizations, against petitioners, the Mayor of Philadelphia, the Police Commissioner, and others, alleging a pervasive pattern of illegal and unconstitutional police mistreatment of minority citizens in particular and…
Appellant Seeks to Preclude Testimony of Lower Court
On this proceeding, a real estate company and a man move for a relief, in which both of them seek inspection of the grand jury minutes, suppression of evidence, discovery and disclosure. The real estate company and the man are both charged under count one with attempted promoting prostitution in…
Defendants Move for Summary Judgment
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. A New York Criminal Lawyer said the plaintiff was a tenant in a building located at 584 Academy Street in…
Defendant Denied Right to Counsel
This case is about the Prosecution’s appeal from the order of the Supreme Court, Queens County, dated May 12, 1982, which granted defendant’s motion to suppress certain statements since his Fourth and Fifth Amendment rights were violated by the Police Officers. A New York Criminal Lawyer said on March 12,…
Court Discusses Doctor Patient Privledge
Hospitals in 1955 were required by the statutory law of New York to report all procedures that involve the termination of a pregnancy. The superintendent of all New York hospitals is required to report each procedure and to subdivide the procedures into categories that reflect the nature of the termination…
Defendant Claims He was Denied Due Process
In a disciplinary case, the Supreme Judicial Court of the Commonwealth of Massachusetts vacated an order imposing a two-year suspension on K. and entered a judgment suspending K. from the practice of law for four years, retroactive to October 24, 1997. K’s disciplinary proceeding in Massachusetts arose as a result…
Defendant Retracts Her Confession
On 2009, a seventeen years old girl was arrested and subsequently accused of felony charges in two separately docketed felony complaints. She was charged with criminal sale of a controlled substance in the third degree (drug possession) when an undercover police officer alleged in the complaint that she along several…
Defendant Raises Issues Regarding 6th and 14th Amendments
Under Massachusetts procedure, a ‘two-tier’ system is utilized for trial of a variety of criminal charges. The initial trial under this system is in a county district court or the Municipal Court of the City of Boston. No jury is available in these courts, but persons who are convicted in…
Court Discusses Jurisdiction Issue
This involves a criminal jurisdiction case where it was ruled that the courts of the United States have jurisdiction, under section 5346 of the Revised Statutes, to try a person for an assault with a dangerous weapon, committed on a vessel belonging to a citizen of the United States, when…