The RCBA Journal Legal News Blog

Jun 30

People v. Baret - FindLaw -

Padilla v, Kentucky (559 US 356 [2010]), which held that the Sixth Amendment requires criminal defense counsel to advise their noncitizen clients about the risk of deportation arising from a guilty plea, does not apply retroactively in state court post-conviction proceedings.

Cooperstown Holstein Corporation v. Town of Middlefield - FindLaw -

Towns may ban oil and gas production activities, including hydrofracking, within municipal boundaries through the adoption of local zoning laws, where the supersession clause in the statewide Oil, Gas and Solution Mining Law (OGSML) does not preempt the home rule authority vested in municipalities to regulate land use.

Boyle v. Starwood Hotels & Resorts Worldwide, Inc. - FindLaw -

It was not an abuse of discretion to grant, with conditions, defendant’s motion to dismiss the complaint on the ground of forum non conveniens.

Jun 27

Norex Petroleum Limited v. Blavatnik - FindLaw -

n a long-running contest over control of a lucrative oil field in Western Siberia, the Appellate Division erred in concluding that plaintiff’s re-filing of his claim in state court was time barred, where: 1) plaintiff, a non-resident, filed a timely action in a New York federal court which terminated on a non-merits basis; 2) plaintiff may re-file claims arising from the same transaction in state court within six months of the federal action’s non-merits termination under CPLR section 205(a), even though the suit would be untimely in the out-of-state jurisdiction where the claims accrued under the rule of CPLR 202.

New York Statewide Coalition of Hispanic Chambers of Commerce v. The New York City Department of Health and Mental Hygiene - FindLaw -

The New York City Board of Health, in adopting the “Sugary Drinks Portion Cap Rule”, exceeded the scope of its regulatory authority.

Costello v. New York State Board of Parole - FindLaw -

Petitioner’s parole is reinstated, where under the particular circumstances of this case, the Board of Parole improperly rescinded petitioner’s parole release, which should be reinstated.

IN RE: the Hon. Cathryn M. Doyle - FindLaw -

The determination of the Commission on Judicial Conduct which sustained three charges of misconduct against petitioner-judge and directed that she be removed from office is affirmed, where: 1) although petitioner contends that she could preside over the uncontested non-discretionary matters despite her personal relationships with the attorneys, a judge’s obligation to disqualify herself based on the appearance of impropriety has long been in place and has not been dependent on the nature of the proceeding; 2) the threes charges were properly sustained; and 3) the sanction of removal is appropriate.

People v. Galindo - FindLaw -

Defendant’s conviction on two counts of second-degree criminal possession of a weapon is affirmed, where: 1) there was no error in the application of the statutory presumption of unlawful intent; and 2) the evidence supporting defendant’s conviction was legally sufficient.

Jun 26

Court won't reinstate NYC's big-soda ban -

Mike Snider, USA TODAY, usatoday.com

With court victory, soft drink lovers can continue to gulp big portions.

Big Gulps can remain on the menu in New York City.

The New York Court of Appeals ruled Thurs­day not to rein­state the ban on super …

Supreme Court Strikes Down Obama’s Unconstitutional Executive Overreach 9–0
Damon Root|Jun. 26, 2014 10:55 am, reason.com
The U.S. Con­sti­tu­tion requires the pres­i­dent to receive the “advice and con­sent” of the Sen­ate when fill­ing vacan­cies in high gov­ern­ment offices.

Supreme Court Strikes Down Obama’s Unconstitutional Executive Overreach 9–0
Damon Root|Jun. 26, 2014 10:55 am, reason.com

The U.S. Con­sti­tu­tion requires the pres­i­dent to receive the “advice and con­sent” of the Sen­ate when fill­ing vacan­cies in high gov­ern­ment offices.