Legal Research

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Matrimonial Practice
Thursday, May 7, 2009
By Timothy M. Tippins

 T"imothy M. Tippins, special counsel in contested custody cases and an adjunct professor at Albany Law School, reviews a recent custody case where a court-appointed evaluator, after being designated as a defendant in the father's federal action against numerous individuals and public officials who were in some manner involved in the custody proceeding, made application to be relieved. The court's decision denying recusal preserved the principles of systemic integrity and the child's right to finality. But where does this leave the good doctor?"

OUTSIDE COUNSEL:

Felon Jurors in Criminal Cases: Post-Conviction Procedures
Thursday, May 7, 2009
By Yael V. Levy

" Yael V. Levy, principal law clerk to Justice James M. Kindler of the Criminal Division of the New York State Supreme Court, Bronx County, writes: Felons are disqualified from serving as jurors in New York by Judiciary Law §510(4). To weed out them and other ineligible people, judges typically pre-screen venire persons by posing questions that probe their fitness. Nonetheless, disqualified persons inevitably make their way onto juries, sometimes because they misunderstand questions posed on voir dire and sometimes because they deliberately answer them falsely. This article surveys the law in this area, discusses the procedures to employ if it emerges, after a guilty verdict, that a felon served on the jury, and presents alternatives for avoiding this scenario. "

CORPORATE UPDATE:

Free With Registration: Corporate Crime
Thursday, May 7, 2009
By Howard W. Goldstein

" Howard W. Goldstein, a partner at Fried, Frank, Harris, Shriver & Jacobson, writes: Most prosecutors are accomplished and dedicated public servants who conduct themselves with a high degree of professionalism. But the fact remains that, for whatever reason, prosecutorial misconduct is a recurring problem. And it is also a fact that these ethical and legal lapses frequently would go undetected, to the detriment of the defendants' most basic rights, but for the defense lawyers' dedication to the protection of those rights."