Please join me and the Irish American Bar Association on June 16, 2014, at 6:00 p.m. in the rotunda of the New York State Courthouse at 60 Centre Street for IABANY’s Fifth Annual Bloomsday Celebration. This event showcases James Joyce’s
New York Federal Criminal Practice
New York Federal Criminal Practice, published by Murray Law LLC, focuses on federal criminal law issues within the New York jurisdiction. The blog covers topics such as prosecutorial decision-making, due process protections, and the presumption of innocence in criminal cases. It analyzes significant court rulings from the Second Circuit, including evidentiary standards, sentencing guidelines, and procedural safeguards like the Miranda rule. The blog also discusses the impact of legal principles such as the rule of lenity and ineffective assistance of counsel claims. Additionally, it highlights events and discussions related to criminal defense and constitutional rights, reflecting on both academic and practical perspectives in federal criminal practice.
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Latest from New York Federal Criminal Practice
A Perfect Prosecution – People v. DSK
My latest article, an analysis of the prosecution of Dominique Strauss-Kahn as a lens though which we can critique our criminal process, can be downloaded (without registration) here:
The abstract is as follows:People v. Strauss-Kahn is an ideal
…
Second Circuit Issues Notable Decisions Applying Rule of Lenity
The New York State Association of Criminal Defense Lawyers recently published its winter edition of
Atticus, showcasing the two impressive honorees at the upcoming annual dinner of the NYSACDL
Foundation, Chief Judge Jonathan Lippman and David Ruhnke, Esq. In it,…
Second Circuit Issues Notable Rulings on Prior Bad Acts and Knowledge in Conspiracy Cases
The NYSACDL has published its latest edition of Atticus, downloadable here, featuring this author’s column “Second Thoughts.” This quarter, I consider the Court’s decisions in Curley (admissibility of prior-act evidence involving the defendant and others), Cedeno (right of…
Second Circuit Issues Notable Rulings on Two-Step Miranda Procedure, Factual Underpinnings of Sentencing and IAC Prior to Sentencing
The NYSACDL has published its latest edition of Atticus, focusing on the organization’s often unsung and unknown efforts to influence the legislative process. It includes my article addressing three recent Second Circuit decisions, including Capers (setting up some serious…
Second Circuit Reverses Fraud Conviction with Notable Nugget for Alleged Insider Traders
Guest blogger Valerie A. Gotlib of Sher LLP writes:Buried in the impressive reversal of the fraud conviction of Mark Kaiser, an executive at U.S. Food Services (“USF”) in United States v. Kaiser, 609 F.3d 556 (2d. Cir. 2010),…
SDNY Judge Finds Spousal Relationship is Predicate for Insider Trading Charges Based on Misappropriation Theory
Despite the Supreme Court’s view in United States v. O’Hagan, 521 U.S. 642 (1997), that the misappropriation theory of insider trading is not an “all-purpose breach of fiduciary duty ban,” it has become that and more – capturing relationships…
Second Circuit Issues Notable Decision Finding Procedural Error in Sentence of Cooperating Career Offender
One of the Second Circuit’s last published criminal decisions of 2010 is also one of the most notable sentencing decisions of the year. In United States v. Preacely, 2010 WL 5156384 (2d Cir. December 21, 2010) – a case…
Second Circuit Issues Notable Decisions on Wiretaps, Batson and Sentencing
The NYSACDL has published its fall issue of Atticus. Judge Bellacosa has contributed an eloquent piece in support of open-file discovery, relevant both to state and federal prosecutorial practices, highlighting the success of a project in the Brooklyn DA’s…
Second Circuit Issues Notable Decisions on Suppression, Omissions and Proffer Statements
The NYSACDL has published the second edition of its excellent revitalized Atticus. It’s well worth checking out – Donna Newman gives a fascinating fly-on-the-wall account of the Russian spy case, and Donald Thompson has a moving essay on a…