Close

Articles Posted in New York

Updated:

Defendants Contend Court Lacks Jurisdiction

The Facts: Stemming from a grand larceny case where defendants were convicted, at an Extraordinary Special and Trial Term of the Supreme Court, of conspiracy in the fourth degree, hindering prosecution in the third degree and official misconduct, the Appellate Division, on appeal, found that the evidence was legally insufficient,…

Updated:

Evidence Inadvertently Destroyed Prior to Trial

The charges in this case arise from five separate incidents, beginning in July 1986. On July 3, 1986, a man representing himself as an executive of a foreign branch of a major company, asked that $5,000 in travelers’ checks be prepared and delivered to an associate. Thereafter, defendant appeared at…

Updated:

Daughter Brings Wrongful Death Action

The Facts: Sometime in January 1990, a debtor shot and killed her husband (the decedent). Thereafter, the daughter of the decedent and Administratrix of the decedent’s estate filed a wrongful death claim in Texas State Court. Under the Texas wrongful death statute, the daughter as Administratrix (in charge with the…

Updated:

Court Looks Whether Injunctions Should be Terminated

The Facts: Sometime in 1993, a 42 U.S.C. § 1983 action was brought by Plaintiffs-Appellees, a certified class of detainees in the Cameron County, Texas jail, against Cameron County and the State of Texas, the governor of Texas, and various members of the Board of the Texas Department of Criminal…

Updated:

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…

Updated:

Court Discusses Jurisdiction of Police Departments

The Facts: A deputy sheriff of the Orleans Parish Criminal Sheriff Department and another officer were parked on the side of the road checking for traffic violations when they observed plaintiff-appellee’s vehicle with an expired brake tag. A New York Criminal Lawyer said after stopping the plaintiff-appellee, the deputy sheriff…

Contact Us