KALEY et vir v. UNITED STATES -
When challenging the legality of a 21 U.S.C. section 853(e)(1) pre-trial asset seizure, a criminal defendant who has been indicted is not constitutionally entitled to contest a grand jury’s determination of probable cause to believe the defendant committed the crimes charged.
WALDEN v. FIORE et al. -
In a tort action filed in Nevada arising out of allegations against a Georgia police officer who searched plaintiffs at a Georgia airport, seized a large amount of cash, and allegedly drafted a false probable cause affidavit in support of the funds’ forfeiture, the Ninth Circuit Court of Appeals erred in concluding that the district could exercise personal jurisdiction over defendant, because defendant lacks the “minimal contacts” with Nevada that are a prerequisite to the exercise of jurisdiction over him.
ANTHONY RAY HINTON v. ALABAMA -
The Alabama appellate court’s ruling denying the petition for habeas relief, which challenged petitioner’s murder conviction, is vacated and remanded, where: 1) the Alabama courts incorrectly applied Strickland v. Washington to petitioner’s case; 2) petitioner’s trial attorney rendered constitutionally deficient performance because it was unreasonable for petitioner’s lawyer to fail to seek additional funds to hire an expert where that failure was based not on any strategic choice but on a mistaken belief that available funding was capped at $1,000; and 3) the matter must be remanded for inquiry into whether, under the proper standard, petitioner’s attorney’s deficient performance was prejudicial under Strickland.
Union Square Park Community Coalition, Inc. v. New York City Department of Parks and Recreation, 17, February 20, 2014 - NY Court of Appeals | FindLaw -
Dismissal of plaintiffs’ complaint challenging an agreement by defendant to allow the operation of a restaurant in Union Square Park is affirmed, where plaintiffs fail to state a claim for a violation of the public trust doctrine.
Lebron v. SML Veteran Leather, LLC, 89 SSM 45, February 20, 2014 - NY Court of Appeals | FindLaw -
Summary judgment in favor of defendant is affirmed, where plaintiff failed to raise a triable issue of fact whether defendant’s conduct constituted an intentional wrong under the New Jersey Workers’ Compensation Act.
People v. Thomas, 18, February 20, 2014 - NY Court of Appeals | FindLaw -
Defendant’s conviction for murdering his four-month-old son is reversed and remanded for a new trial, where, although the evidence was sufficient to support the conviction, defendant’s inculpating statements were not demonstrably voluntary, and his motion to suppress should have been granted.
People v. Aveni, 19, February 20, 2014 - NY Court of Appeals | FindLaw -
The Appellate Division’s finding that defendant’s statement was not voluntary where interrogators misrepresented to him that his girlfriend was still alive and they needed to know if she used drugs so that doctors did not give her the wrong medication, is affirmed, where: 1) the Appellate Division used the correct legal standard in its reversal of the lower court; and 2) its determination that the potential to overwhelm defendant’s free will was realized was plainly one of fact.
Morris v. Pavarini Construction, 30, February 20, 2014 - NY Court of Appeals | FindLaw -
The Appellate Division properly granted summary judgment to plaintiff-carpenter in his personal injury action alleging defendants, the construction manager and owner of the building where plaintiff was injured when an back wall panel fell on his hand, were negligent and violated provision of the N.Y. Labor Law, where the expert testimony supports the conclusion that the language of 12 NYCRR 23-2.2 (a) can sensibly be applied to other than a completed form, and may apply to a wall component.
People v. Thompson, 10, February 20, 2014 - NY Court of Appeals | FindLaw -
Defendant’s conviction for second degree murder is affirmed, where the prosecutors’ commentary on the irrelevance of defendant’s proffer to the second grand jury to call a particular witness did not impair the integrity of that proceeding or otherwise warrant dismissal of the indictment.
Fabrizi v. 1095 Avenue of the Americas, L.L.C., 15, February 20, 2014 - NY Court of Appeals | FindLaw -
In a personal injury action brought by plaintiff-electrician for injuries suffered while working at defendant-property, alleging a violation of N.Y. Labor Law section 240(1), the Appellate Division properly concluded that plaintiff had not established entitlement to summary judgment on liability, but it erred, however, in denying summary judgment to defendants 1095 and Magen, because they established as a matter of law that the conduit did not fall on plaintiff due to the absence or inadequacy of an enumerated safety device.