"Circumstantial evidence works well in ordinary criminal cases, but it's more dangerous when people are arrested on the basis of isolated pieces of circumstantial evidence that can't be examined in court." -- Neal Katyal, Georgetown University Law Center

"Like profiling, circumstantial evidence needs adversarial testing because it might be based on innocent coincidences." -- William J. Stuntz, professor at Harvard Law School

MATTERS OF INTEREST

New York Appellate Division An appellate panel in Albany has essentially banned the sale of recycled automotive air bags with a decision that takes summary judgment away from a trade association and instead awards it to the state. From a consumer standpoint, the ruling means that motorists needing to replace inflatable restraint systems will have to pay about $1,500 for a brand new air bag, rather than $250 to $400 for one recovered from a junk car. For a copy of opinion, contact Research Associates: jmf@researchassociates.net

New York Court of Appeals PEOPLE v. GONZALEZ, 1 No. 116, 1 No. 117 (N.Y. October 24, 2002)
Where defendants faced multiple convictions arising out of a single act, which led to concurrent sentences, because the permissibility of multiple punishments presents a question of statutory interpretation, rather than of jurisdiction, defendants were required to preserve Double Jeopardy issue at trial. To read the full text of this opinion, go to: http://caselaw.lp.findlaw.com/data/ny/cases/app/116117opn02.pdf PEOPLE v. HITCHCOCK, 130, 131 (N.Y. October 24, 2002) In combined cases, each of which involved the shooting death of one child by another child using a gun belonging to a parent, evidence was sufficient in one case, but insufficient in the other, to show the defendant "knowingly" acted in a manner "likely to be injurious" to a minor. To read the full text of this opinion, go to: http://caselaw.lp.findlaw.com/data/ny/cases/app/130131opn02.pdf

2nd Circuit US v. BELLO, NO. 01-1682(October 28, 2002)
The imposition of a condition of probation, a bar on television viewing during a ten-month period of home detention, for the stated purpose of promoting self-reflection and remorse, exceeds the district court's broad discretion. To read the full text of this opinion, go to: http://laws.lp.findlaw.com/2nd/011682.html

6th Circuit DETROIT FREE PRESS v. ASHCROFT, No. 02-1437 (August 26, 2002)
At Attorney General's request, Chief Immigration Judge Creppy ordered that in "special interest" cases - identified as such by his office - proceedings be closed to press, public, family and friends. Record not to be disclosed to anyone except deportee's attorney and then only when "file does not contain classified information." Restriction included "confirming or denying whether such a case is on the docket or scheduled for a hearing." Sixth Circuit holds that "Creppy Directive" runs afoul of First Amendment public right of access to deportation hearings.

8th Circuit HOGAN v. RAYTHEON CO., Nos. 01-2932/01-3709 (September 12, 2002)
Parties divorced, decree awarded wife half of husband's retirement benefits. Then husband died before domestic relations order signed. Plan argued that DRO could not be qualified posthumously. Eleventh Circuit disagreed but relied on fact that Plan had been given copy of divorce decree prior to participant's death.

9th Circuit EUNIQUE v. POWELL, No. 99-56984 (August 23, 2002)
Under 42 U.S.C. § 652(k)(2), a passport must be denied to an obligor who is more than $5,000 in arrears of child support. Constitutionality of statute upheld in split opinion with something for everyone. One judge says right to international travel is fundamental but statute is subject only to "rational relationship" review; concurring judge says right not fundamental but statute is subject to intermediate review; dissenting judge says right is fundamental and statute is subject to strict scrutiny.

PUBLICATIONS OF INTEREST

Thomas Geoghegan, In America's Court (The New Press). How a civil lawyer who likes to settle stumbled into a criminal trial. A criminal case leads a lawyer to think about justice and equality.

Scott Turow, Reversible Errors (Farrar, Straus & Giroux). A confession made by a suspect results in his conviction in a murder case. The plot tracts the events of 1991 leading up to conviction and the events of 2001 involving the new lawyer's attempt to save suspect from imminent execution.

Kenneth W. Starr, First Among Equals (Warner Books). The Supreme Court in American Life. The independent counsel for Whitewater etc. finds life improving since Earl Warren. The court, since William Rehnquist assumed the chief justiceship in 1986, wins approving or at least respectful marks.

Doug Isenberg, The GigaLaw Guide to Internet Law (Random House). A guide to and examination of Internet law: copyrights, trademarks, privacy, patents, free speech, contracts and employment. The book introduces each part with a real-life case study, and then explains the fundamental legal issues involved and concludes with an analysis of timely and cutting-edge clashes between technology and the law.

Elaine Cassel, "The Lynne Stewart Case: When Representing an Accused Terrorist Can Mean the Lawyer Risks Jail, Too," FindLaw's Legal Commentary, October 8, 2002. http://writ.findlaw.com/commentary/20021008_cassel.html

BRIEF RELIEF MATTERS

1. California law on modification of support order.
2. Ohio memo on issue of forum non conveniens.
3. New York deed and real estate closing documents.
4. New York amended petition in Surrogate's Court.
5. North Carolina support matter order with findings of fact and conclusions of law.
6. Federal workers' compensation and Longshoreman's workers matter.
7. Draft of will with trust and marital deduction provisions.
8. Obtaining copies of 2 INS cases and Shepardizing.