In September 2013, I co-founded Lumer & Neville, a small civil rights and criminal defense firm in New York City. We had some real successes and met all of my personal goals and targets. But life is is not static and things change. Which is my way of saying that I have moved on to
Fourth and Fourteenth
Blog Authors
Latest from Fourth and Fourteenth
Alan Newton and New York’s Flexible Principles of Justice
When he ran for mayor, Bill de Blasio made a point of talking about doing what was right and what was just. Based on these basic principles, our mayor-to-be promised to reform the NYPD’s Stop and Frisk program and settle the Central Park Five case, and he followed through on both counts, even though…
Laquan McDonald: Same Old, Same Old
Cook County Coroner’s illustration of Laquan McDonald’s wounds — courtesy of the New RepublicWhen I began this blog, I was enthusiastic about the forum and set aside the energy and time to write. As the months passed, I have found it increasingly difficult to talk about the intersecting issues of civil rights, politics, and law enforcement.…
The Right to Remain Silent in a Civil Context
That refusing to respond to questions does not justify an arrest for obstruction of governmental administration (OGA) has just been affirmed by the Second Circuit Court of Appeals. It’s sort of an important decision. Many of the routine civil rights cases that I see involve the issue of respect and authority. Simple exchanges rapidly escalate…
Expungement on the Horizon?
United States District Judge Raymond J. Dearie, a former prosecutor who has never been mistaken for a liberal jurist, has publicly called on the federal criminal justice system to find a way to allow for the expungement of criminal convictions for persons convicted of certain crimes. It is an important idea that is worthy of…
Practice Tip: Beware District Court Bundling Rules
For federal practitioners there are three sets of rules that must be adhered to. These are, generally: the Federal Rules of Procedure (appellate, civil, or criminal, depending on your case); the local district rules; and district judges’ individual rules. Unfortunately, they are occasionally in conflict and a failure to properly read and adjust thereto can…
Protecting Prosecutors
Several regional sections of New York’s Commission on Statewide Attorney Discipline met recently to discuss, in part, whether an independent Commission on Prosecutorial Misconduct should be formed to address the growing public recognition that some prosecutors (and, more importantly, prosecutorial offices) were cutting constitutional corners to gain convictions, with disastrous consequences. (NYLJ with pay wall…
Protecting Prosecutors
Several regional sections of New York’s Commission on Statewide Attorney Discipline met recently to discuss, in part, whether an independent Commission on Prosecutorial Misconduct should be formed to address the growing public recognition that some prosecutors (and, more importantly, prosecutorial offices) were cutting constitutional corners to gain convictions, with disastrous consequences. (NYLJ with pay wall…
Bratton’s One-Time Apology Tour
Yesterday members of the NYPD saw a black man they thought was a suspect in an identity theft crime, rushed him, grabbed him, and slammed him to the sidewalk. He was cuffed and held on the scene for about 15 minutes. Nothing unusual there.Except it turns out that they had the wrong guy. Still nothing…
Bratton’s One-Time Apology Tour
Yesterday members of the NYPD saw a black man they thought was a suspect in an identity theft crime, rushed him, grabbed him, and slammed him to the sidewalk. He was cuffed and held on the scene for about 15 minutes. Nothing unusual there.Except it turns out that they had the wrong guy. Still nothing…