The Justice Department has filed a petition seeking a review of a decision by the Fourth Circuit Court of Appeals, continuing a travel ban from six mostly Muslim countries. This petition for certiorari sets the stage for a constitutional showdown--whether a presidential initiative is lawful. The Supreme Court normally grants review when a federal appeals court holds a presidential initiative to be unconstitutional and the government has asked the Court to expedite its decision on whether to review. Thus the Court could make its decision before it breaks at the end of June. It takes four votes by the Justices to grant a petition for certiorari and, if granted, arguments would be heard in the Fall.
Driving under the influence of marijuana is illegal in New York as well as all other states. But unlike intoxication by alcohol, which can be measured by authorities at a stop, there is no reliable breath test for marijuana intoxication. That could change as some companies are working to develop breath testing devices for marijuana impairment.
The Kings County Criminal Bar Association (KCCBA) hosted our Aidala, Bertuna & Kamins P.C. #ABKLaw Partner Hon. Barry Kamins, the former administrative judge of the Kings County Supreme Court, Criminal Term, for a Continuing Legal Education (CLE) lecture on recent developments in search and seizure law at the Brooklyn Bar Association recently.
A New York insurance broker from Albany has been sentenced for his role in a $1 million securities fraud case. The man entered guilty pleas to securities fraud, failing to file state income tax returns and grand larceny. He was sentenced to serve nine years in prison.
When a New York woman registered a blood alcohol level of .40 on a breath test after being pulled over for suspected DUI in 2015, police immediately rushed her to a hospital. But she had not had a drink in hours, and she had no symptoms despite having a life-threatening level of alcohol in her system. It turned out that the woman suffers from a rare medical condition called auto-brewery syndrome, which causes carbohydrates to turn into alcohol in the body. DUI charges that had been filed against the woman were dropped, and she underwent treatment for her condition.
The collapse of New York-based Lehman Brothers in September 2008 triggered a financial crisis that threatened the very survival of the world's capital markets, and experts, journalists, politicians and everyday Americans reacted angrily in the aftermath when it became clear that not a single Wall Street executive would be prosecuted. Some pundits claimed that the lack of prosecutorial action was a sign that the whole financial system was rigged, but the federal prosecutor who led the Enron investigation believes that no fraud actually took place.
In 2012, after the wife of NYPD cop Gilberto Valle installed spyware software on his computer, she found dozens of disturbing chat logs from a website called DarkFetishNet. The chats contained Officer Valle's schemes and fantasies to kidnap, rape, cook, and eat women, including his wife. Although he never took any actions and his desires never resulted in any actual crimes, he was arrested, nicknamed the "Cannibal Cop," and ultimately convicted in federal court on conspiracy charges. He faced life in prison.