Research Associates
	Volume 12, Number 12       Our 23rd Year   December 2004

Have a happy and healthy holiday!

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DECISIONS OF INTEREST

U.S. SUPREME COURT

LEOCAL v. ASHCROFT, No. 03-583 (U.S.S.C. November 09, 2004)
State DUI offenses, which either do not have a mens rea component or require only a showing of negligence in the operation of a vehicle, are not crimes of violence under 18 U.S.C. section 16.  http://laws.lp.findlaw.com/us/000/03-583.html

NEW YORK COURT OF APPEALS

NICHOLSON v. SCOPPETTA, No. 113 (N.Y. October 26, 2004)
New York law does not permit a presumption that removal is appropriate based solely on the child's witnessing of domestic violence. http://caselaw.lp.findlaw.com/data/ny/cases/app/113opn04.pdf

SHEEHY v. CLIFFORD CHANCE ROGERS & WELLS LLP, No. 115 (N.Y. October 26, 2004)
Plaintiff's complaint, seeking retirement benefits orally promised to him in exchange for his agreement to take early retirement, is dismissed where the alleged oral agreement is barred by the Statute of Frauds.  http://caselaw.lp.findlaw.com/data/ny/cases/app/115opn04.pdf

2nd CIRCUIT

ZAPPULLA v. PEOPLE OF THE STATE OF NEW YORK, No. 03-2793 (2d Cir. Nov. 17, 2004)
Defendant's murder conviction is vacated where the wrongful admission of defendant's confession, taken in violation of his Miranda rights, was not harmless error.   http://caselaw.lp.findlaw.com/data2/circs/2nd/032793p.pdf

3rd CIRCUIT

MODROVICH v. ALLEGHENY COUNTY (10/06/04 - No. 03-3571)
The display of a plaque containing the text of the Ten Commandments on the Allegheny County Courthouse does not constitute an endorsement of religion in violation of the Establishment Clause of the First Amendment of the U.S. Constitution.   http://caselaw.lp.findlaw.com/data2/circs/3rd/033571p.pdf

6th CIRCUIT

CASH v. HAMILTON COUNTY DEP'T OF ADULT PROB. (11/12/04 - No. 03-3916)
In a suit alleging constitutional rights violations, summary judgment in favor of defendant-City is reversed where a genuine issue of material fact exists over whether defendant had a custom of destroying homeless individuals' property without notice or the right to reclaim the items taken.   http://caselaw.findlaw.com/data2/circs/6th/033916p.pdf

9th CIRCUIT

KUBA v. 1-A AGRIC. ASS'N (10/19/04 - No. 02-16989)
Defendant's First Amendment Expression Policy, prohibiting individuals from demonstrating outside its arena except in designated "free expression zones" away from the entrances of the building, is unconstitutional on its face.  http://caselaw.lp.findlaw.com/data2/circs/9th/0216989p.pdf

WEB SITES OF INTEREST

http://www.aging-parents-and-elder-care.com
Aging Parents and Elder Care: Find checklists, advice, commentary, definitions, resources and more. Topics include the basics of care giving, safety and elderly drivers, nursing home assessment, home safety, living arrangements, symptoms of major health conditions and Medicare. The site also provides a detailed table of contents.

http://www.jasonhavens.net
Legal Research for Estate Planners: Provides a directory of resources with research guidance on the topic of estate planning. The guide covers estate planning research generally, national estate planning Web sites, state and local Web sites, literature sources and estate planning practice tools

MATTERS OF INTEREST

JULIE HILDEN, The Law Plays Itself on Television: How Top Shows Depict Lawyers and The Legal Process

Using examples drawn from the "CSI" shows, the "Law & Order" shows, and "Without a Trace," attorney and author Julie Hilden contrasts television law with real-life law, and considers the effects - good and bad - that television law may be having on real-life lawyers and juries.

Hilden discusses, for instance, the "CSI effect," due to which real-life juries have reportedly started requiring that cases be proven by ironclad physical and forensic evidence -- not witness testimony.

http://writ.news.findlaw.com/hilden/20041109.html

BRIEF RELIEF MATTERS

1. New York – double jeopardy; probation violation and direct charge.
2. New York – multi-family real estate contract.
3. New York – complaint for fraud and loss of business due to employee’s criminal actions.
4. New York – complaint for goods sold & delivered.
5. Complaint to compel issuance of a deed.
6. Georgia – Memorandum of Law in opposition to summary judgment and res judicata.
7. Florida – divorce and right to modify judgment as to alimony based on future disability of wife.
8. Federal Court – entry of default.