Author: Ryan Files

Federal Rule of Criminal Procedure 58(b)(2)(H)

The Federal Rule of Criminal Procedure 58 was amended in 2014 to include subsection 58(b)(2)(H), which states: At the defendant’s initial appearance on a petty offense or other misdemeanor charge, the magistrate judge must inform the defendant of the following:

Posted in Article Archive, Court Watch, Rule Amendments

Federal Rule of Evidence 803

Recent changes made to Federal Rule of Evidence 803 (6)-(8) became effective on December 1, 2014. The previous language of (6)-(8), operative prior to December 1, 2014, and the new language, effective since December 1, 2014 is outlined below: The

Posted in Article Archive, Court Watch, Rule Amendments

Federal Rule of Evidence 801

Recent changes have been made to Federal Rules of Evidence 801, which focuses on exclusions from heresy. Statements defined as heresy are statements that a declarant did not make while testifying at the current trial or hearing and that a

Posted in Article Archive, Court Watch, Rule Amendments

Federal Rule of Civil Procedure 26(b)(1)

As it currently stands, the text of FRCP 26(b)(1) states the following: “Parties may obtain discovery regarding any non-privileged matter that is relevant to any party’s claim or defense, including the existence, description, nature, custody, condition, and location of any

Posted in Article Archive, Court Watch, Rule Amendments, Uncategorized

Coleson v. City of New York

This appeal stems from a negligence suit against the City of New York and the New York City Police Department (NYPD) and addresses what evidence is necessary to establish that a special relationship existed between an individual and a municipality

Posted in Article Archive, Civil Practice, Court Watch, New York Court of Appeals, Tort Law

People v. Allen

This appeal addresses whether a duplicity argument based on trial evidence must be preserved for appeal where the count is not duplicitous on the face of the indictment. The appellant/defendant, Terrell Allen (“defendant”), was charged with one count of second-degree

Posted in Article Archive, Court Watch, Criminal Law, Evidence, New York Court of Appeals

People v. On Sight Mobile Opticians

This appeal addresses the severability of a municipal ordinance section and the constitutionality of a content-neutral restriction on the posting of signs on public property. The defendant, On Sight Mobile Opticians, had placed a sign advertising its business on public

Posted in Administrative Law, Article Archive, Court Watch, New York Court of Appeals, Zoning and Land Use

Rigano v. Vibar Const., Inc.

The issue decided in the case is whether a notice of mechanic’s lien can be amended nunc pro tunc to reflect the name of the true owner of the property or whether the misnomer invalidates the lien. George Vigogna (sole

Posted in Article Archive, Civil Practice, Commercial Transactions, Court Watch, New York Court of Appeals, Real Property, Tort Law, Uncategorized

Liberty Affordable Housing Inc. v. Maple Court Apartments

In this appeal, the Fourth Department examined whether the Court of Appeals decision in Rovello v. Orofino Reality Co., which held that under New York Civil Practice Law and Rules 3211(a)(7) “‘summary dismissal is appropriate . . . when the

Posted in Appellate Division, 4th Judicial Department, Article Archive, Civil Practice, Constitutional Law, Court Watch, Real Property

People v. Marquan M.

This appeal involves a sixteen-year-old high school student that anonymously posted pictures of high school classmates and other adolescents with sexually explicit descriptions of their personal lives on Facebook. A police investigation revealed defendant Marquan M. as the poster. The

Posted in Article Archive, Court Watch, Criminal Law, New York Court of Appeals