Defunis v odegaard case brief

Judge Shira Scheindlin is fighting her ouster from the New York stop-and-frisk case with some help from a team of high-profile law professors.In a brief (PDF) filed Wednesday on behalf of Scheindlin, New York University law professor Burt Neuborne claims the judge was “completely blindsided” when the New York-based 2nd U.S. Circuit Court of Appeals ordered her removal, the Wall Street Journal (sub. req.) reports.The 2nd Circuit said in an Oct. 31 order that Scheindlin “ran afoul” of the judicial conduct code through her handling of the case. Scheindlin had ruled New York police violated the Constitution with their stop-and-frisk tactics.Ruling on the removal issue sua sponte, the 2nd Circuit panel said Scheindlin had displayed an “appearance of partiality” by discussing the case when it was pending, and said she had improperly used the related-case doctrine to get the case assigned to herself.The brief says the 2nd Circuit didn’t give … [Read more...] about Stop-and-frisk judge fights her removal from case; brief says she was ‘completely blindsided’

Will three federal appeals court judges who booted a federal district court judge from overseeing a lawsuit about New York City police stop-and-frisk practices get a taste of their own medicine?In a brief (PDF) filed Monday, lawyers for the plaintiffs challenging the city’s stop-and-frisk practices ask not only for en banc review of the appellate panel’s Oct. 31 ruling by the New York City-based 2nd U.S. Circuit Court of Appeals but that the three judges on the appellate panel be removed from the case, the New York Law Journal (sub. req.) reports.The filing says the panel rushed to judgment in determining that Judge Shira Scheindlin had created an appearance of impartiality in her comments on the case and called its “gratuitous” decision to remove her from the case a “perfect storm of procedural irregularity,” the legal publication recounts.Scheindlin has previously protested her ouster from the case in a brief filed by law professors that also … [Read more...] about Ouster of 3 federal appeals court judges sought by plaintiffs in hard-fought NYC stop-and-frisk case

WASHINGTON – The nightmare we journalists expected came to pass in an unexpected place: the suburban offices of one of America's oldest newspapers, a small community daily in Annapolis, Md. There, a guy angry about a story the paper did about him years ago stormed in and, according to police, murdered five people last Wednesday. In some ways, the mass shooting at the Capital Gazette was just another mass shooting, less deadly than some, the 154th in America so far this year as of Thursday. It produced the usual calls for thoughts and prayers, the usual calls for gun control, the usual diatribes about how guns don't kill people but people do. Yet for myself and other Americans who have spent their lives dedicated to reporting the truth, thinking it might make our communities stronger, this was different. This was the day that made real the anger that fills our inboxes and that attaches itself to the comments at the end of our stories, an anger that increasingly feels like a … [Read more...] about The Briefing: The day we feared

Share Tweet Plus One Pin It Email Print By: ashok kini December 4, 2018 1:03 pm Change Font Size ‘In our view, the Single Judge ought to have first set out the brief facts of the case with a view to understand the factual matrix of the case.’  “Now, what I want is Facts”, this is how Charles Dickens starts his novel ‘Hard Times’. On Monday, the Supreme Court bench headed by Justice Abhay Manohar Sapre set aside four orders passed by the Allahabad High Court in different criminal petitions as those did not contain ‘facts’ of the case. The bench, also comprising of Justice Indu Malhotra, observed that the high court in these orders has not even referred to the facts of the case, and it only quotes the decisions of the Supreme Court. “We find that the Single Judge has only quoted the principles of law laid down by this Court in several decisions relating to powers of the High Court to interfere in the cases … [Read more...] about Where Are The Facts Of The Case? SC Sets Aside Allahabad HC Orders In Sec. 482 Petitions [Read Judgments]

By: LIVELAW NEWS NETWORK 9 Sep 2019 5:48 AM GMT Senior Advocate Ram Jethmalani, widely regarded as the doyen of criminal law, passed away at the age of 95 yesterday morning. Known as a courageous and erudite lawyer, Jethmalani has appeared in several high profile cases. Here is a brief account of some of them. 1. Nanavati Case Jethmalani, who shifted his legal practice from Karachi to Bombay after partition, shot to limelight with his appearance in the Nanavati case. In that case, K M Nanavati, a Naval Commander, was tried for the charge of murdering Prem Ahuja, his wife's lover. The case attracted much media attention then, with public sympathy titled towards Nanavati. Jethmalani was hired by Prem Ahuja's sister to lead the legal team to help with the prosecution strategy. The case was tried before a jury, which ultimately went on to acquit Nanavati. The sessions judge felt that the jury verdict was influenced by public sentiments and referred it to High Court. The Bombay … [Read more...] about 10 High Profile Cases Handled By Ram Jethmalani