Eastern District Roundup

Retrial Granted, Supplemental Jurisdiction Declined, Habeas Petition Denied

, New York Law Journal


In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan review Judge Johnson's granting, in part, a new trial motion in a criminal case because there was no substantial evidence of specific intent to violate the statute in question dealing with export controls, Judge Cogan's declining to exercise supplemental jurisdiction over state and city claims for monetary damages in a suit brought under the Americans with Disabilities Act, and Judge Bianco's denying a joint habeas petition claiming ineffective assistance of counsel in the failure to advise petitioners of deportation as a "presumptively mandatory" consequence of their guilty pleas.

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