The Supreme Court will hear arguments this Wednesday in Carpenter v. United States, a criminal case testing the scope of the Fourth Amendment's right to privacy in the digital age....
The defendant was convicted of leading a gang of robbers. The prosecution produced cellphone-tower data that tracked the whereabouts of Carpenter's cellphone for more than four months and placed him at or near the sites of a string of armed robberies. The police acquired the data from Carpenter's wireless carriers without a warrant showing probable cause.
A majority of the U.S. Court of Appeals for the 6th Circuit held that ...Carpenter had voluntarily conveyed data revealing his location to wireless carriers -- the third-party operators of the cell towers. He knew, or should have known, that the wireless carriers were free to track his locations and furnish the information to the police.
Wednesday, November 29, 2017
Monday, November 27, 2017
The clinic will also use web-based software to create a virtual clinic to increase its capacity to provide services to those veterans whose mobility may be limited. In addition, the clinic will develop a number of legal resources for veterans, such as “Know Your Legal Rights” guides, will form relationships with other community stakeholders to collaborate and integrate services, and will organize outreach events to expand the veterans’ support network.
For more information, click here.
Wednesday, November 22, 2017
A statewide ban on using e-cigarettes indoors in New York takes effect today.More on the new law here and here.
Gov. Andrew Cuomo signed a new law last month adding e-cigarettes to the state's Clean Indoor Air Act... Vaping is now banned in the workplace, on public transportation, indoors at all public and private colleges and in other areas.
It is also now banned in outdoor areas where smoking is also forbidden.
Monday, November 20, 2017
To help prevent wrongful convictions and enhance the delivery of justice in criminal matters, Chief Judge Janet DiFiore today announced the adoption of new rules that willRead more here.
Trial court judges in applicable cases will issue an order to the prosecutor responsible for the case to timely disclose exculpatory evidence favorable to the accused − called Brady material (referring to the landmark U.S. Supreme Court decision Brady v. Maryland, that in criminal cases prosecutors must disclose all evidence that could be materially favorable to the defense) − as required by the federal and state constitutions, statutory and ethical rules....
Additionally, trial judges in criminal cases will be required to issue a directive focusing on the defense counsel’s obligations to provide constitutionally effective representation in the case, such as keeping the client informed about the case, providing reasonable advice regarding any plea offers, and performing a reasonable investigation of both the facts and law pertinent to the case.
Monday, November 13, 2017
Additional information about the system is available here.
Monday, November 6, 2017
The proposal seeks to amend the following rules:
• Attorney Rules of Professional Conduct (22 NYCRR Part 1200);
• Rules of Judicial Conduct (22 NYCRR Part 100);
• UCS Code of Ethics for Nonjudicial Employees (22 NYCRR Part 50);
• Rules of the Chief Judge, Career Service (22 NYCRR Part 25).
The Request for Public Comment includes the relevant rules, as well as a memorandum by the Chief Administrative Judge of the New York State Courts, Hon. Lawrence Marks, which claims that the current non-discrimination policies are "not inclusive of all the members of the LGBTQ communities," and "[e]xtending these provisions to include 'gender identity' and 'gender expression' will aid in the public efforts to institutionalize the Judiciary's commitment to eradicating discrimination and bias against all persons regardless of their sexual orientation, gender identity, or gender expression."
Persons wishing to comment on the proposed amendments should e-mail their submissions here or write to:
John W. McConnell, Esq., CounselComments must be received no later than Feb. 2, 2018.
Office of Court Administration
25 Beaver Street, 11th Fl.
New York, New York 10004.
Thursday, November 2, 2017
In The Matter Of Foreclosure Of Tax Liens By Proceeding In Rem Pursuant To Article Eleven Of The Real Property Tax Law by the County of Schuyler.