| Research Associates | |
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![]() Volume 8, Number 12 Our 19th Year December, 2000 |
Majority- "Of course, our rejecting Burdines presumptive prejudice claim should not be understood as condoning sleeping by defense counsel during a capital murder trial (or any other trial, for that matter)."
Dissent- "I conclude that being represented by counsel who slept through substantial portions of a clients capital murder trial violates the Sixth Amendment right to counsel " Fifth Circuit, Burdine.
BRIEF RELIEF
MATTERS OF INTEREST
NY COURT OF APPEALS
Criminal Law & Procedure: The law governing the endangerment of the welfare of a child, Penal Law 260.10(1), is written broadly enough to support a conviction for conduct directed at others that is likely to cause harm to children. People v. Johnson, (October 26, 2000).SECOND CIRCUIT Constitutional Law, Criminal Law, & Procedure: A defendant who knowingly crossed state lines with an expectation of having sex with a minor, after attempting to solicit a minor for sex, was properly convicted, under 18 USC 2423(b), and was not merely involved in a "thought crime." US v. Han, (October 31, 2000 No.:99-1759).
Civil Procedure: For diversity purposes, evidence that defendant paid in-state tuition for New York college, was registered to vote in New York, filed a New York tax return, and worked in New York was sufficient to support finding he was domiciled there, despite his residence in Pennsylvania. Palazzo v. Corio, (November 1, 2000-No.: 00-7020).
NINTH CIRCUIT ERISA: The appellant appeals the summary judgment for the appellee/insurance company. The appellant seeks coverage for treatment of high dose chemotherapy with peripheral stem cell rescue. The plans coverage is evaluated from language which is interpreted in its "ordinary and popular sense." The plans coverage is no reasonably worded to determine coverage from the language in the policy.
Double Jeopardy: The Florida Supreme Court has ruled that Fla. Stat. Ann. 924.01(1)(I) is unconstitutional because it violates the constitutional prohibition against placing a defendant in double jeopardy. The section provided that the state could appeal an "order or ruling suppressing evidence or evidence in limine at trial."
Drinking/Driving: President Clinton signed into law a bill setting the blood alcohol limit for drunkenness at 0.08 percent. This level is stricter than that in effect in many states. Under this bill states that do not implement this lower blood alcohol number by 2004 will lose a portion of their federal highway funds, with the penalty increasing if the standard is not met by 2007.
MAINE SUPREME COURT Grandparent Visitation: Post-Troxel v. Granville case in which Maines Grandparent Visitation Act was upheld to allow grandparents to seek visitation with grandchildren over parents objections when grandparents previously "acted as parents" to grandchildren. Rideout v. Riendeau, (November 13, 2000, No.: Sag-00-4).
CHILD SUPPORT Child Support Recovery Act: No private right of action, says the Second Circuit, and Act unconstitutional anyway, says the Sixth Circuit. Salahuddin v. Alaji, (November 13, 2000, No.: 97-9237; U.S. App. 2d Cir.); United States v. Faasse, (September 25, 2000, No.: 98-2337; U.S.App. 6th Cir.).
PUBLICATIONS OF INTEREST
"Criminal Procedure: The Fourth Amendment Collides with the Problem of Child Pornography and the Internet," Oklahoma Law Review, Vol. 53, No. 1, Spring 2000.
"Employment at Will: The Impending Death of a Doctrine," American Buisness Law Journal, Vol. 37, No. 4, Summer 2000.
"Estate Planning for the Divorcing Client," American Journal of Family Law, Vol. 14, No. 3, Fall 2000.
"Grandparent Visitation Law Grows Up: The Trend Toward Awarding Visitation Only When the Child Would Otherwise Suffer Harm," Drake Law Review, Vol. 48, No. 2, 2000.
"Privilege and Confidentiality of Attorney Client Communication Via E-Mail," Defense Law Journal, Vol. 49, No. 3, Fall 2000.
"A Physicians Liability for Mistakes of a Physician Assistant," The Journal of Legal Medicine, Vol. 21, No. 1, March 2000.
"Homeowners Insurance: A Way to Pay for Childrens IntentionalAnd Often ViolentActs?" Indiana Law Review, Vol. 33, No. 2, 2000.
"Regulating Hatred: Whose Speech, Whose Crimes, Whose Power?- An Essay for Kenneth Karst" Martha Minow, UCLA Law Review, June 2000, Vol. 47, iss. 5.
"Actual Innocence: five days to execution and other dispatches from the wrongly convicted." Jim Dwyer, Doubleday, 2000, 297 pages.