by Sapone & Petrillo, LLP | Apr 17, 2020 | Ed Sapone’s Decisions of the Week
What CA2 lacked in volume this week, it made up for in quality, issuing three significant decisions, two of which—Nolan and Bramer—resulted in reversals for defendants. New York’s appellate courts were quiet, issuing only a handful of decisions in criminal...
by Sapone & Petrillo, LLP | Apr 10, 2020 | Ed Sapone’s Decisions of the Week
The Circuit continued to work through its cases, releasing two precedential opinions this week. Doka negatively, but not surprisingly, resolved an open but important issue, in light of the Supreme Court’s decision in United States v. Haywood, finding that the Sixth...
by Sapone & Petrillo, LLP | Apr 3, 2020 | Ed Sapone’s Decisions of the Week
The Second Circuit has extended filings and deadlines for three weeks, has conducted arguments by teleconference, and has remained busy issuing decisions. Two crime-of-violence-related decisions were particularly interesting: Nunez, which held that defendants cannot...
by Sapone & Petrillo, LLP | Feb 6, 2020 | Ed Sapone’s Decisions of the Week
The Circuit did not release any precedential opinions in criminal cases this week, and issued only a few summary orders, none of them granting our clients any affirmative relief. Second Circuit On Monday, in United States v. Nunez Garcia (An The Circuit did not...
by Sapone & Petrillo, LLP | Jan 24, 2020 | Ed Sapone’s Decisions of the Week
As CA2’s prior reversals of former NYS Senate Majority Leader Dean Skelos (707 Fed.Appx. 733 (2017)), and House Speaker Sheldon Silver (864 F.3d 102 (2017), had previously shown, prosecuting politicians for bribery schemes, and instructing juries on the parameters of...
by Sapone & Petrillo, LLP | Jan 17, 2020 | Ed Sapone’s Decisions of the Week
It was another uneventful week in the Circuit, with only a handful of mundane summary orders. There were a few interesting decisions in the state’s First, Second, and Third Department’s with two of them—Martinez and Arana—reminding us that, for guilty pleading...
by Sapone & Petrillo, LLP | Jan 10, 2020 | Ed Sapone’s Decisions of the Week
Not much to report this week in the Circuit, with the exception of its decision in Anderson, which contains a thorough review of the rules relating to sentencing when the defendant has related and/or contemporaneous state court charges. A quiet week in the state...
by Sapone & Petrillo, LLP | Dec 27, 2019 | Ed Sapone’s Decisions of the Week
It was an unexpectedly busy holiday week in the Second Circuit and the state appellate courts. In the Circuit, in addition to a very lengthy opinion in Campo Flores that must have kept Judge Kearse’s clerks busy for months, an interesting summary order in Swinton...
by Sapone & Petrillo, LLP | Dec 20, 2019 | Ed Sapone’s Decisions of the Week
A very busy week in the Second Circuit, with an unusual mandamus grant in a criminal case to the government in In re: United States, and a very thorough and complex Fourth Amendment discussion relating to FISA warrants and electronic surveillance in Hasbajrami, which...
by Sapone & Petrillo, LLP | Dec 13, 2019 | Ed Sapone’s Decisions of the Week
Although there were four precedential decisions in the Circuit this week, they were relatively routine, with the exception of a reversal on a government appeal in Lett. There, EDNY Judge Margo K. Brodie dismissed an indictment apparently out of frustration by the...