In this noteworthy and well-reasoned opinion, District Judge David Cercone ruled that a key provision of the DNA Analysis Backlog Elimination Act of 2000, which is codified at 42 U.S.C. § 14135a, et seq. (the “DNA Act”) is unconstitutional, at least as applied to pretrial detainees. In 2006, Congress expanded ...

In a drug conspiracy prosecution, the district court's order, suppressing narcotics seized by law enforcement officers during a warrantless search of a trailer, is reversed where the search was lawful under the "automobile exception" to the Fourth Amendment's warrant requirement.

[Editor's Note: For a commentary on this decision, see "Trailer ...

[Editor's Note: For a commentary on this ruling, see "2nd Circuit Denies En Banc Review of Lynne Stewart's Sentence," by Mark Hamblett, as published in the New York Law Journal on February 24, 2010 at http://alm-editorial-us.msgfocus.com/c/1mQWZWo7K109QA7MN as follows:

The light prison sentence given to disbarred attorney Lynne Stewart following her ...

Steven Skoien had two prior convictions for misdemeanor crimes of domestic violence. While he was on probation for the second of those convictions, he was found in possession of some guns. He was arrested and charged with violating 18 U.S.C. § 922(g)(9), which prohibits the possessing of a gun by ...

Here the Court reversed, as "manifestly incorrect," a habeas petition granted by Judge Kessler for a Guantanamo detainee and suggested a new and far-reaching habeas standard of "some evidence" for all the Guantanamo habeas cases.

Two weeks prior to the instant decision, the D.C. Circuit issued a stinging and embarrassing ...

During the period between 1998 and 2005, former New York State Governor George Pataki made repeated attempts to get the New York State Legislature to enact legislation providing for the civil confinement of certain inmates who had been convicted of qualifying sexual crimes following completion of their prison sentences. When ...

On August 7, 1998, the U.S. Embassy in Nairobi, Kenya and the U.S. Embassy in Dar es Salaam, Tanzania were destroyed by truck bombs within minutes of each other. The bomb at the Embassy in Kenya killed 213 people, including twelve United States citizens; and the bomb at the Embassy ...

In U.S. v. Cunningham, 680 F.Supp.2d 844 (N.D.Ohio Jan. 26, 2010) (P&J, 02/08/10), District Judge John Adams joined the growing debate about the fairness of the constantly escalating sentences recommended by the Guidelines for child pornography crimes. In that decision, he strongly defended - as fair, reasonable and even well-conceived ...