LexisNexis® Legal Newsroom
Schulze on the Confrontation Clause in Massachusetts Courts

From Crawford v. Washington , 541 U.S. 36 (U.S. 2004) to Melendez-Diaz v. Massachusetts , 129 S. Ct. 2527 (U.S. 2009) and beyond, courts redefine the scope of the Confrontation Clause. Practitioners are pressed to adapt their litigation strategies to recent and future decisions. In this Analysis, Professor...

John Castellano On The Legal Significance, Practical Impact Of People v. Ortega

In People v. Ortega [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], the New York Court of Appeals addressed for the first time in more than 50 years the admissibility of hearsay statements within medical records. In this Emerging Issues...

High Court Hears Arguments On Prisoner's Right To Sue Prison Employees

WASHINGTON, D.C. - (Mealey's) A federal prisoner suing over his alleged mistreatment behind bars has failed to show that the remedies provided in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics (403 U.S. 388 [1971]) are applicable, the attorney representing the prison management...

Supreme Court in Judulang Axes Comparable-Grounds Condition for 212(c) Relief

The U.S. Supreme Court has unanimously rejected the comparable-grounds approach to determining whether a noncitizen convicted of a crime and facing deportation or removal can obtain relief under former Immigration and Nationality Act § 212(c). What do applicants do now? Cesar Cuauhtemoc Garcia...

Immigration Law: Supreme Court in Judulang Axes Comparable-Grounds Condition for §212(c) Relief

The U.S. Supreme Court has unanimously rejected the comparable-grounds approach to determining whether a noncitizen convicted of a crime and facing deportation or removal can obtain relief under former Immigration and Nationality Act § 212(c). What do applicants do now? Cesar Cuauhtemoc Garcia...

9th Circuit Criminal Handbook Now Available

The latest addition to the LexisNexis Circuit Criminal Handbook series, the new Ninth Circuit Criminal Handbook is a comprehensive handbook that guides practitioners through every topic in the Ninth Circuit's criminal law jurisprudence. This portable single softbound volume covers hundreds of criminal...

Professor Jim Clark on Analysis of Crimes and Defenses 2012 UCMJ Article 120, Effective 28 June 2012

By Professor Jim Clark Congress defines military sexual crimes in Article 120 of the Uniform Code of Military Justice (UCMJ). 10 U.S.C.S. § 920 et.seq. Effective on June 28, 2012, the newest version of military sexual crimes more successfully shifts the focus to the offender, but is not without...

The Sentencing Sophisticated Means Enhancement Is Not Easy to Avoid

The critical Sentencing Guidelines calculations for tax cases require a two step enhancement to the Base Offense Level for "sophisticated means" in the commission of the crime of conviction. S.G. 2T1.1(b)(2), here . Observers of the tax crimes scene have noted for some time that it does not...

Bank Frey Executive and Swiss Lawyer Indicted

The USA for SDNY has announced, here , the indictment of Stefan Buck, head of "Bank 1" (Bank Frey), and Edgar Paltzer, a partner at a Swiss law firm, a dual U.S.-Swiss citizen, and a registered attorney in NY. (A copy of the indictment is here .) According to the press release, they "are...

John Doe Summons Issued to Wells Fargo for Records of CIBC FirstCaribbean International Bank Correspondent Account

DOJ has announced, here , that a district court approved John Doe Summons for records of CIBC FirstCaribbean International Bank's correspondent account at Wells Fargo, N.A. The goal of the summons is to "allow the IRS to identify U.S. taxpayers who hold or held interests in financial accounts...

Jay Shapiro on United States v. Kaley: The Supreme Court Examines Challenges to Pre-conviction Forfeiture Seizures

In Kaley v. United States [lexis.com subscribers may access Supreme Court briefs for this case ] , argued early in this new Term of the Court, the Supreme Court will have the opportunity to resolve a split amongst the Circuits concerning what a defendant may do to challenge a pre-conviction forfeiture...

Kansas v. Cheever: A Defendant's 5th Amendment Rights and Opening the Door Through the Use of Psychiatric Testimony

By Jay Shapiro In this commentary, Jay Shapiro, co-chair, White Collar Defense, Investigations and Corporate Compliance Group, White & Williams LLP, analyzes the U.S. Supreme Court's recent decision in Kansas v. Cheever , in which the court held that admitting criminal defendant's statements...