Another quiet summer week, with no criminal cases decided by the Second Circuit, only a single unremarkable modification in the Second Department, and one reversal upstate in the Third Department. Appellate Division, Second Department In People v. Delcid, AD2 modified...
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Ed Sapone’s DECISIONS OF THE WEEK -July 18, 2019
With summer in full swing, there was only a single criminal case reported this week from the Second Circuit, and only one reversal from New York’s appellate divisions. During this lull, we preview a handful of interesting cases SCOTUS will be considering this fall....
Ed Sapone’s DECISIONS OF THE WEEK -July 12, 2019
SCOTUS and NYCA are in recess for the summer, and each court has cleared its holdover decisions. Therefore, the only appellate action until after Labor Day 2019 will likely come from the Second Circuit and New York’s appellate divisions resolving their own undecided...
Ed Sapone’s DECISIONS OF THE WEEK -July 5, 2019
With the Supreme Court and the New York Court of Appeals having decided all pending appeals until the fall, this was a relatively quiet holiday week. The NY appellate divisions, however, reversed or remanded a decent number of cases in favor of appellate defendants....
Ed Sapone’s DECISIONS OF THE WEEK-June 28, 2019
It was quiet in the Second Circuit this week, but SCOTUS released the remaining criminal cases on its docket. Second Circuit On Monday, in Hyman v. Brown, the Circuit reversed EDNY Senior Judge Raymond J. Dearie’s grant of petitioner’s state habeas petition, following...
Ed Sapone’s DECISIONS OF THE WEEK -June 20, 2019
Decisions of the Week Ended June 20, 2019 There were no dispositive decisions in criminal cases from the Circuit this week. The Supreme Court continued to resolve the remaining cases on its 2018 docket. There were a number of interesting New York State appellate...
Ed Sapone’s DECISIONS OF THE WEEK-June 14, 2019
Decisions of the Week Ended June 14 This was an uneventful week in the Circuit with only one precedential decision affirming in a criminal case, and no summary orders. While the New York Court of Appeals issued three decisions, they were all affirmances, and none of...
Ed Sapone’s DECISIONS OF THE WEEK -June 7, 2019
The mid-summer quiet broke this week with four precedential opinions from the Second Circuit and six reversals and a remittal from AD4. Second Circuit On Friday, in United States v. Lebedev, the Circuit affirmed defendants’ SDNY convictions for multiple counts arising...
Ed Sapone’s DECISIONS OF THE WEEK-May 31, 2019
Another quiet week in the Circuit, with no precedential decisions and only a few summary affirmances. The state courts were similarly quiet. Second Circuit On Wednesday, In United States v. Asch, in a summary order, the Circuit affirmed the SDNY judgment convicting...
Ed Sapone’s DECISIONS OF THE WEEK-May 24, 2019
Not much going on in the Second Circuit or New York’s state appellate courts in this pre-holiday week. For those interested in the philosophical differences between permissible inferences and impermissible speculation, Judge Denny Chin’s opinion in Pauling is worth a...