"There is an epidemic of police and prosecutorial misconduct and incompetence in this country. The scandals in Los Angeles and Illinois are festering sores, symptoms of a complex disease that both threatens and -- to the extent that we ignore it -- shames us all." -- Bob Herbert, "Criminal Justice Breakdown," New York Times (February 14, 2000).

Effect of Judgment against one owner of property as tenants by the entirety where the Judgment debtor dies prior to the other property owner.

Preparation of RESPA closing settlement and documents for real estate closing.

Liability of overnight delivery service for failure of delivery and possible liability of purchaser who directed form of delivery.

Pennsylvania law of tort of emotional distress and bystander rule.

New York lien law and right of contractor to collect for improvements to real property from owner when tenant files for bankruptcy.

Preparation of Complaint, Order to Show Cause and interrogatories.

Massachusetts law on interference with contract.

New York dram shop liability.

PUBLICATIONS OF INTEREST

Ziegler, Richard F. "Litigation: The Price of Incivility," National Law Journal (2/7/00).

Abraham, Kenneth S. Understanding Prohibitions Against Genetic Discrimination in Insurance. Arizona State University College of Law: Fall 1999, vol. 40, iss. 1.

Dwyer, Neufeld & Scheck. Actual Innocence: Five Days to Execution and Other Dispatches From the Wrongly Convicted. Doubleday.

Smith, Kevin H. Justice for All? The Supreme Court’s Denial of Pro Se Petitions for Certiorari. Albany Law Review 1999, vol. 63, no. 2.

Kaplan, Carl S. "When the Internet Moves Faster Than the Courts" and "Judge Says Recording of Electronic Chats is Legal," Cyber Law Journal.

Pisciotta, Lisa M. Beyond Sticks & Stones: A First Amendment Framework for Educators Who Seek to Punish Student Threats. Seton Hall Law Review 2000, vol. 30, no. 2.

MATTERS OF INTEREST

U.S. Supreme Court

A defendant claiming ineffective assistance of counsel must show (1) that counsel’s representation fell below an objective standard of reasonableness, and (2) that counsel’s deficient performance prejudiced the defendant, as announced in the Strickland v. Washington, 466 U.S. 668 (1984). The Court further held that counsel has a constitutionally-imposed duty to consult with the defendant about an appeal when there is reason to think either (1) that a rational defendant would want to appeal (because there are non-frivolous grounds) or, (2) that this particular defendant reasonably demonstrated to counsel that he was interested in appealing. Roe v. Flores-Ortega, No. 99-1441.

Ninth Circuit

Appellant knowingly and intelligently waived his right to assistance of counsel at sentencing in accord with Faretta v. California, 422 U.S. 806 (1975). The trial court made Appellant aware of the dangers and disadvantages of self-representation by holding two extensive hearings where he was asked no less than six times as to whether he wanted to represent himself and whether he understood the import of his decision. Lopez v. Thompson, No. 97-35837.

A licensing ordinance for adult bookstores that does not provide a definite time period in which the city is to render a decision is an unconstitutional prior restraint. Baby Tam & Co., Inc. v. City of Las Vegas, No. 99-16809.

California Supreme Court

The Court held that the occurrence of a violent third-party sexual assault in an underground parking garage was not sufficiently foreseeable to support the requirement of a commercial landlord’s duty of care. Sharon P. v. Arman, Ltd., No. S063612.

The Court held that under the Code of Civil Procedure sec. 340.6(a), the defendant in an attorney malpractice action bears the burden of proving when the plaintiff discovered, or should have discovered, the facts constituting the defendant’s alleged malpractice. Samuels v. Mix, No. S070599.

Fifth Circuit

Because the jury was instructed that if it identified any mitigating circumstances, it should weigh them and give effect and consideration to them in assessing the defendant’s personal culpability, the defendant failed to show that the jury was prevented from considering the evidence of his dissociative condition at the time of the offense. Miller v. Johnson, No. 98-10916.

A warrantless arrest is justified when the totality of facts and circumstances within a police officer’s knowledge at the moment of arrest are sufficient for a reasonable person to conclude that the suspect had committed or was committing an offense. Resendiz, et al. v. Miller, et al., No. 99-30593.

Texas Supreme Court

A minor is mature and sufficiently well-informed to make the decision to have an abortion without notification to either of her parents when the evidence demonstrates that the minor is capable of reasoned decision-making and that her decision is not the product of impulse, but is based upon careful consideration of the various options available to her and the benefits, risks, and consequences of those options. In re Jane Doe, No. 00-0140.