New York expands DNA databank

Beginning in August, anyone convicted of a felony or penal law misdemeanor in New York State will have to provide a sample for the state's DNA databank under a new law.

Previously, less than fifty percent of convicted criminals were required to provide samples.

The new law also expands defendants' access to DNA testing and comparison both before and after conviction in appropriate circumstances, as well as to discovery after conviction where innocence is claimed.

According to supporters of the new law, the DNA databank provided leads in nearly 2,900 convictions. DNA evidence has also led to the exoneration of 27 New Yorkers who were wrongly convicted.

More information on the state’s DNA databank can be found here.

Schools are open. Drive safe. Avoid tickets.

New York State schools begin classes this week.

This means that many school speed limits are, again, in effect. Typically, these speed limits are fifteen miles per hour, effective from 7:00 am to 6:00 pm on school days.

In addition, school buses will be back on the roads in the early mornings and late afternoons, picking up or discharging children.

Many police agencies will be out in force this week, enforcing these laws. Penalties for violating these traffic rules can be stiff, ranging from fines, to points on your drivers’ license and, in some case, lose of driving privileges. If you receive a traffic ticket for violating any of these laws, it is recommended that you consult with a qualified attorney of your own choosing, to determine the penalties you face, and your legal rights.

However, the best way to avoid these penalties is to drive safely. Motorists are reminded to be on the lookout for schools, buses and pedestrians, to make sure each student has a safe and enjoyable school year.

Some New York State Courts Closed from Hurricane Irene

According to the New York State Office of Court Administration, a number of courts, including several in the Southern Tier of upstate New York, are closing and/or rescheduling Monday’s court cases, due to Hurricane Irene.

People with business before the courts on Monday are urged to check the state’s official website, or contact the court first thing in the morning, to make sure their case has not been adjourned to another date.

Federal courts again experiment with allowing cameras

From the Citizen Media Law Project:

The program, which was approved by the U.S. Judicial Conference last year and allows court-operated cameras to cover civil proceedings in 14 federal trial courts, is just the latest chapter in the long saga on the question of camera coverage of federal trial courts.

This is not the first time that the federal courts have experimented with camera coverage of their proceedings. From 1991 through 1994, the federal courts conducted a limited test of camera coverage of civil trials in eight federal district courts, which led to a recommendation that federal courts allow televised proceedings. But the Judicial Conference -- which sets policies for all federal courts except the U.S. Supreme Court, which sets its own rules -- rejected this recommendation, concluding in 1994 that “the intimidating effect of cameras on some witnesses and jurors was a cause for serious concern.”

The Judicial Conference then relented a bit, deciding in March 1996 to allow each federal Circuit to decide the issue for itself and the district courts in its geographic area, while strongly urging the Circuits to follow the Conference’s 1994 policy.

New Decisions from the N.Y. Court of Appeals

New York State’s highest court has issued a number of decisions this week on civil and criminal law.

The cases cover a number of issues, including the privacy of medical records, a criminal defendant's right to a public trial and whether the police are required to interview witnesses after overhearing potentially exculpatory statements.

Decisions of the New York State Court of Appeals are binding on all lower courts within the state. The decisions are available to the public and can be found at the court’s website.

Court of Appeals Issues New Decisions.

New York State’s highest court has issued a number of decisions this week on civil and criminal law.

The cases cover a number of issues, including what constitutes effective assistance of counsel, possible child neglect, the proper disposition of a juvenile delinquency case and time limits for lawsuits involving alleged negligence by a school board member.

The decisions are available to the public and can be found at the court’s website.