How the Coronavirus Crisis Reveals Weaknesses Not Just in America’s Public Health Systems But in Our Constitutional Doctrines

VIKRAM DAVID AMAR

Illinois Law dean and professor Vikram David Amar explains how the current crisis caused by the novel coronavirus reveals flaws in both America’s public health system and also in the country’s constitutional doctrines. Responding in part to Professor Michael C. Dorf’s column of March 15 urging uniform federal restrictions, Amar expresses doubt as to whether Congress’s powers under Article I of the Constitution permit imposition of such a lockdown in the first place.

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People v. Delorbe

Citation: 2020 NY Slip Op 02126

Opinion Date: March 31, 2020

Judge: Garcia

Areas of Law: Criminal Law, Immigration Law

The Court of Appeals affirmed Defendant's conviction and affirmed the denial of Defendant's pro se motion pursuant to N.Y. Crim. Proc. Law (CPL) 440.10 to vacate his conviction of attempted burglary in the second degree, holding that Defendant did not preserve his due process claim that the trial court failed to inform him of potential immigration consequences as a result of his conviction and that Supreme Court did not abuse its discretion in summarily rejecting Defendant's CPL 440.10 motion. Defendant was served, in open court and months before the plea proceedings leading up to his plea of guilty to attempted burglary in the second degree, with a "Notice of Immigration Consequences" form. In affirming both Defendant's conviction on his direct appeal and Supreme Court's denial of Defendant's CPL 440.10 motion the Appellate Division concluded that provision of the notice to Defendant meant that his direct appeal did not fit within "the narrow exception to the preservation requirement." The Court of Appeals affirmed, holding (1) Defendant's claim on appeal was unpreserved as a matter of law, and no exception to the preservation rule applied; and (2) Supreme Court acted within its discretion in denying Defendant's CPL 440.10 motion without a hearing.

People v. Williams

Citation: 2020 NY Slip Op 02123

Opinion Date: March 31, 2020

Judge: Fahey

Areas of Law: Criminal Law

The Court of Appeals affirmed Defendant's conviction of murder, holding that the trial court abused its discretion as a matter of law in admitting certain DNA evidence without holding a hearing pursuant to Frye v. United States, 293 F 1013 (DC Cir. 1923), but the error was harmless. At issue in this case was whether the trial court erred in admitting low copy number (LCN) DNA evidence and the results of a statistical analysis conducted using the proprietary forensic statistical tool (FST) developed and controlled by the New York City Office of Chief Medical Examiner without holding a Frye hearing. The Appellate Division refused to disturb the trial court's determination denying Defendant's motion for an order directing that a Frye hearing be held with respect to the reliability of any proposed evidence generated through LCN and FST review. The Court of Appeals affirmed, holding (1) the trial court abused its discretion as a matter of law in denying a Frye hearing, but the error was harmless; and (2) none of Defendant's remaining arguments on appeal had merit.

Bill Birds, Inc. v. Stein Law Firm, P.C.

Citation: 2020 NY Slip Op 02125

Opinion Date: March 31, 2020

Judge: DiFiore

Areas of Law: Professional Malpractice & Ethics

The Court of Appeals affirmed the order of the Appellate Division granting summary judgment and dismissing Plaintiffs' claim under N.Y. Jud. Law 487(1) against their former attorneys who allegedly induced them to bring a meritless lawsuit in order to generate a legal fee, holding that the suit was properly dismissed. In moving for summary judgment, Defendants argued that Plaintiffs' section 487 claim must be dismissed because Plaintiffs failed to allege any misrepresentations made in the context of ongoing litigation. Supreme Court denied the motion with respect to the section 487 claim, concluding that Plaintiffs raised triable issues of fact. The Appellate Division reversed and granted summary judgment on that claim. The Court of Appeals affirmed, holding that Defendants established prima facie entitlement to judgment as a matter of law on the section 487 claim and that Plaintiffs failed to raise a triable issue of fact in response.