Jul 20 2012
In another major blow to copyright lawsuits filed by the porn industry, Judge Lewis Kaplan of the Southern District of NY, ruled that porn distributor Liberty Media could not rely on a theory of negligence in its copyright infringement case against a NY man named Cary Tabora. The complaint alleged that Tabora’s roommate, Schuyler Whetstone, …
Jul 15 2012
For years, since Congress passed the draconian and rigid Antiterrorism and Effective Death Penalty Act (AEDPA) in the wake of the first WTC bombing and the Oklahoma City attack, Federal appeals courts have not seen fit to extend the Act’s harsh one year statute of limitations on habeas corpus appeals, even in cases of actual …
Jul 13 2012
Here’s the story from News12 Long Island – “A Nassau man is accused of taking cell phone pictures of a young girl in an ice cream shop. Richard Stacel was arrested last night by an undercover officer in North Massapequa. Police say the officer saw the 44-year-old man taking pictures of an 8-year-old girl. When …
Jul 11 2012
That pesky Constitution got in the way of a criminal conviction yet again in the case of People v. Torres a 2011 case out of Onandaga County in Upstate NY. Vincent Torres was convicted by a jury of burglary,sodomy and sexual abuse. Onondaga County Judge William Walsh barred the defendant’s wife from the courtroom for …
Jul 03 2012
Just this morning, a client asked me a question: Can his potential adversary use deleted, private Facebook messages between them as evidence in the breach of contract case he was thinking about bringing in court? (Of course if the adversary had not also deleted them, he could just introduce them that way, but the client …