Once again, Judge Kaplan has postponed the trial of 16 former employees of the accounting firm KPMG in a massive criminal tax shelter fraud case. The defendants recently moved for the latest continuance, citing both a huge outpouring of discovery documents from the Government and the continuing violation of the ...
In Miranda v. Arizona, 384 U.S. 436, 473-74 (1966), the Supreme Court held that if a suspect indicates in any manner during questioning that he wishes to remain silent, the interrogation must cease. The Court reasoned that any statement taken after invocation of the Fifth Amendment’s self-incrimination privilege would constitute ...
Petitioner alien, a citizen of China, petitioned for review of a final decision of the Board of Immigration Appeals (BIA) summarily affirming an Immigration Judge's (IJ) denial of petitioner's application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Petitioner alleged that he had been persecuted ...
Here Judge Gertner granted a defense motion to exclude expert testimony on whether various pornographic depictions at issue were images of real children or virtual depictions, on the grounds the proposed testimony failed to meet the Daubert criteria.
U.S. v. Frabizio, 445 F.Supp.2d 152 (D.Mass. Aug. 11, 2006) (Judge Gertner) ...
It is surely poetic justice that one of the lead defendants in the birth of the Booker revolution is now the lead defendant in a decision that seems to cement the virtual demise of that revolution. Duncan Fanfan was one of the two defendants in the Supreme Court’s consolidated decision ...
U.S. v. Frabizio, 445 F.Supp.2d 152 (D.Mass. Aug. 11, 2006) (Judge Gertner) (“Frabizio I”)
U.S. v. Frabizio, 459 F.3d 80 (1st Cir. Aug. 16, 2006) (Judge Lynch) (“Frabizio II”)
Both of these decisions are noted for their detailed discussion of various elements of the Child Pornography Protection Act (“CPPA”), 18 ...
Islam v. Gonzales, 469 F.3d 53 (2nd Cir. Nov. 9, 2006) (Judge Parker)
Kim v. Gonzales, 468 F.3d 58 (1st Cir. Nov. 16, 2006) (Judge Boudin)
It sometimes seems as America’s immigration courts have become kangaroo courts where justice is imposed not by neutral arbiters, but rather by vigilantes who ...
For all practical purposes, this lengthy decision represents little more than a philosophical debate about capital punishment between the conservative and liberal factions on the Supreme Court. Certainly, it adds little meaningful guidance to the Court’s death penalty jurisprudence, in part because the narrow holding in this case will probably ...
Islam v. Gonzales, 469 F.3d 53 (2nd Cir. Nov. 9, 2006) (Judge Parker)
Kim v. Gonzales, 458 F.3d 58 (1st Cir. Nov. 16, 2006) (Judge Boudin)
It sometimes seems as America’s immigration courts have become kangaroo courts where justice is imposed not by neutral arbiters, but rather by vigilantes who ...