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Article • April 1, 2004 • from P&J April, 2004
Francolino v. Kuhlman, No. 02-2617 (2nd Cir.) (365 F.3d 137) (April 20, 2004) (Judge Jose A. Cabranes) by In 1997, Joseph Francolino was convicted the New York Supreme Court for New York County of a number of crimes arising out of his participation in the cartel that allegedly controls the …
Article • October 1, 2003 • from P&J October, 2003
U.S. v. Diaz, No. 2:02CR530 (D.Utah) (274 F.Supp.2d 1225) (August 4, 2003) (Judge J. Thomas Greene) by This is a scathing decision in which a livid Judge Greene blasted the Government for attempting to use blatant “forum and jurisdiction shopping” as a means of seizing total control over all aspects …
Article • December 1, 2002 • from P&J December, 2002
Francolino v. Kuhlman, No. 01 Civ. 3882 (AGS) (S.D.N.Y.) (224 F.Supp.2d 615) (September 3, 2002) (Judge Allen G. Schwartz) by Petitioner sought a writ of habeas corpus pursuant to 28 U.S.C. § 2254 seeking his release from custody arising from a state court judgment in which a jury found petitioner …
Article • February 1, 2000 • from P&J February, 2000
U.S. v. Pearson, No. 97-3268 (10th Cir.) (203 F.3d 1243) (February 22, 2000) (Judge Robert H. Henry) by This case deals with the outrageous practice by which prosecutors are often able to manipulate the system to assure that cases involving multiple defendants are assigned to a preferred “pro-Government” district judge. …
Article • March 1, 1999 • from P&J March, 1999
New York Crim. Bar Ass'n v. Newton, No. 98 Civ. 4128(SHS) (S.D.N.Y.) (33 F.Supp.2d 289) (January 13, 1999) (Judge Sidney H. Stein) by Justice - KGB style? One of the most disturbing features of the criminal justice system is that, far too often, to defeat a criminal charge, a defendant …
Article • September 1, 1997 • from P&J September, 1997
U.S. v. Carrasco, No. S1-97-CR-89(SAS) (S.D.N.Y.) (968 F.Supp. 948) (July 7, 1997) (Judge Shira A. Scheindlin) by Once again Judge Scheindlin has shown her mettle. In this case she courageously exposed and condemned a nasty game of judicial forum shopping by the prosecutors. After the State failed to convict the …