The topics are:
• The Flaws in Microscopic Hair Comparison Evidence
• Challenging Science in the Criminal Justice System
• Forensic Pathology Perspectives on Questioned Diagnoses
• Panel Discussion: Flawed Forensics, Shifting Paradigms
For more information, click here.
In addition, people can search the OUF database to see if they have any unclaimed funds and learn how to file a claim.
For more information, visit this website.
An appeal from a judgment of the Seneca County Court, rendered December 16, 2013. The judgment convicted defendant, upon his plea of guilty, of murder in the second degree.
The defendant was represented on appeal by D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando Of Counsel). The People were represented by Seneca County District Attorney Barry Porsch.
On December 31, Governor Cuomo vetoed the Justice Equality Act. The bill has been reintroduced in the Assembly and groups are pressing the Senate to do the same.
To advocate for increased indigent defense funding, CDANY, NYSDA and NYSACDL are organizing a Lobby Day on Tuesday, February 28th to promote the:
* Justice Equality Act (A.1903);
* New York State Defenders Association's 2017-2018 budget request; and
* Indigent Legal Services Office's 2017-2018 budget request.
The groups plan to travel to Albany and meet with up to six legislators to advocate for increased public defense funding. The Lobby Day will be from 10:00 AM to 5:00 PM.
Viewers can access the live feed by visiting here or by going to the Fourth Department's homepage.
Additionally, a digital archive will be available on the Fourth Department website for on-demand viewing, generally within three business days. Oral arguments will be screened for the disclosure of confidential information and may not be included in the digital archive.
The Fourth Department, which covers 22 counties located in Central and Western New York, hears oral arguments at the M. Dolores Denman Courthouse in Rochester, New York.
For more information, click here.
State laws that tax tobacco sales by Native American vendors to non-Native Americans do not infringe on tribal sovereignty or other constitutional rights, a federal judge ruled.The Seneca and Cayuga tribes challenged amendments to state law that imposed taxes on wholesale purchases of tobacco products that were ultimately sold to non-Native Americans….
Western District Judge Michael Telesca ruled against the … tribes [holding] that the tax statute does not target tax-exempt Indian sales to other residents of tribal lands, only sales of tobacco "on an Indian reservation to non-members of the Indian nation or tribe."
Telesca rejected arguments from the Indian nations that the tax law amendments violate the Constitution's interstate commerce clause and the Internet Tax Freedom Act. On both counts, Telesca said state law sets up an alternative way for the Seneca and Cayuga vendors to report tax-exempt sales to Native Americans outside of New York.
Local governments have long been seeking to enforce the collection of sales taxes on non-Native Americans, citing lost revenue and unfair competition with other local businesses. In addition, as noted in the above article:
New York state estimated in 2010 it could capture about $110 million a year if sales of cigarettes and other tobacco products from Native American vendors to non-Native Americans were properly taxed. The tax does not apply to sales to qualified Native Americans for their own use on reservations.
The complete decision can be found here.
Rabies is a serious virus of all mammals with no known cure. It causes neurological degeneration that ultimately leads to the death of the infected person or animal. Luckily, Rabies can be prevented with vaccination, and New York State requires by law the compulsory vaccination of all domestic dogs, cats and ferrets for the safety of the public. Compliance with Rabies Vaccination Laws is monitored by the New York State Department Of Health.
For more information, click here.
(Town Board Member John) Hubbard reported on EMS. A letter was written by the town attorney, Steven Getman, to explain the position of the Town of Ovid Board regarding South Seneca Ambulance Corps.It included information such as what the town requires of them in order to continue on with them with the EMS contract. They would come to the August Town of Ovid meeting with their budget in hand and go over the budget with Ovid line item by line item.
Also, the town would be allowed to make twice-a-year payments.
Following a discussion, the board felt that a quarterly payment would work out well for both the Ambulance Corps and the Town of Ovid.
A cert petition pending before the U.S. Supreme Court shines a light on the power of some nonlawyer judges in the United States.
The cert petition asks whether a defendant’s due process rights are violated when he is tried by a nonlawyer judge with the power to send him to jail, and there is no opportunity for a new trial before a judge who is a lawyer.The petition was filed on behalf of defendants Kelly Davis and Shane Sherman. They were tried before a nonlawyer judge in Montana who was previously a prevention specialist in a dependency program, and a cashier and meat wrapper at a grocery store.
A decision by the Supreme Court requiring judges to be lawyers in these cases could have broad fiscal and legal ramifications for New York State. In New York, judges of the town and village justice courts are not required to be attorneys. Such courts "have jurisdiction over a broad range of matters, including vehicle and traffic matters, small claims, evictions, civil matters and criminal offenses."
