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 masterwork, Ulysses, and Joyce’s contribution to the First Amendment, and features the John Quinn Memorial
New York 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 lens through which to examine the operation of a criminal justice system that privileges the presumption…
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, I also have an article addressing
three recent Second Circuit decisions of note: United
States …
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 defense to cross-examine a detective regarding a prior adverse credibility finding against him)) and Andino…
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 hurdles to the admission of statements obtained through a “two-step”– question first, Mirandize later –…
Second Circuit Reverses Fraud Conviction with Notable Nugget for Alleged Insider Traders
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 not typically viewed as fiduciary ones, and tippees multiple levels removed from the source of…
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 that generated separate opinions from each member of the panel, including a dissent from Judge…
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 office, and advocating a state-wide statutory authorization, with uniform standards of application and accountability. Mark…
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 wrongful conviction. I have also contributed a piece highlighting some recent Second Circuit cases, including three…