LATEST SUMMARIES

ADMINISTRATIVE LAW, CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
• Sorto v. Herbert

ASSET FORFEITURE, ATTORNEY'S FEES, CRIMINAL LAW & PROCEDURE
• US v. $293,316

CIVIL PROCEDURE, COMMUNICATIONS LAW, PER CURIAM
• New Phone v. City of NY

CIVIL RIGHTS, IMMIGRATION LAW
• Zheng v. Gonzales

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
• Murden v. Artuz

LATEST SUMMARIES

ADMINISTRATIVE LAW, CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
Sorto v. Herbert, No. 05-0728
Denial of habeas petition is affirmed where, as petitioner bears the burden of demonstrating an unreasonable application of federal law in regard to his Batson claim, the insufficiency of the record defeats his petition. Read more...

ASSET FORFEITURE, ATTORNEY'S FEES, CRIMINAL LAW & PROCEDURE
US v. $293,316, No. 05-6522
In case arising from dispute over the disposition of several hundred thousand dollars that nearly eighty Pakistanis wished to transfer from New York to Pakistan, denial of motion for attorney's fees is affirmed over claims that: 1) the bulk cash seized from the convicted claimants is not the "same property" within the meaning of the multiple claims exception (because each dollar bill is a discrete parcel of property); and 2) even if it is the same property, the government did not comply with the four predicates to the exception. Read more...

CIVIL PROCEDURE, COMMUNICATIONS LAW, PER CURIAM
New Phone v. City of NY, No. 05-4935
Order dismissing complaint and imposing filing injunction is vacated in part where the district court should have undertaken a more thorough review to determine if these claims were based on a "common nucleus of operative facts." Read more...

CIVIL RIGHTS, IMMIGRATION LAW
Zheng v. Gonzales, No. 06-2939
Petition for review challenging order of removal is granted as remand is required for the BIA to articulate its position concerning whether and under what conditions the forced insertion of an intrauterine device constitutes persecution. Read more...

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
Murden v. Artuz, No. 05-0610
Denial of habeas petition is affirmed over claim that petitioner received ineffective assistance of counsel where his counsel failed adequately to investigate and pursue a defense of extreme emotional disturbance. Read more...