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,…
New York Criminal Lawyer Blog
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…
Defendants Seek Suppression of Evidence
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…
Defendant Contends Charges Should be Dismissed for Unreasonable Delay
The People of the State of New York are the plaintiffs in this case and the defendant. The case is being heard in front of the Supreme Court of Bronx County. Case Background The defendant has a history of being a violent predicate felon. In June of 1996 he was…
Court Holds Municipality has no Immunity
On February 20, 1967, the then City Manager of respondent city of Independence, appointed petitioner to an indefinite term as Chief of Police. In 1972, petitioner and a new City Manager, engaged in a dispute over petitioner’s administration of the Police Department’s property room. In March of that year, a…
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…
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…
Defendant Cites 6th & 14th Amendment
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…
Defendant Claims Delay in Trial was a Violation of His Rights
The People of the State of New York are the plaintiff’s in this matter against the defendants. This case is being heard in the Westchester County Court. A New York Sex Crimes Lawyer said one of the defendants has moved for an order to dismiss the instant indictment against him…
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…