Untitled Opinion
The Second Circuit addressed challenges to New York's firearm regulations, affirming some injunctions and vacating others. The court's decision impacts the enforcement of several provisions of the Concealed Carry Improvement Act.
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The Second Circuit addressed challenges to New York's firearm regulations, affirming some injunctions and vacating others. The court's decision impacts the enforcement of several provisions of the Concealed Carry Improvement Act.
The Second Circuit addressed challenges to New York's firearm regulations, affirming some injunctions and vacating others. The court's decision impacts the enforcement of several provisions of the Concealed Carry Improvement Act.
The D.C. Circuit affirmed Thomas Robertson's conviction for obstructing the Electoral College vote certification, ruling that his participation in the January 6 riot constituted acting "corruptly" through independently felonious means. The court further rejected Robertson's sentencing challenges, upholding an 87-month prison term based on the substantial interference caused to the administration of justice.
The United States Court of Appeals for the Tenth Circuit affirmed the dismissal of a habeas corpus petition filed by a state prisoner. The court held that the prisoner's original state post-conviction application was not properly filed because it lacked the required sworn statement from the applicant regarding facts within his personal knowledge.
The Second Circuit affirmed the convictions of Joseph Percoco and Steven Aiello for honest-services wire fraud, ruling that while a jury instruction regarding 'as opportunities arise' was technically flawed, the error was harmless given the overwhelming evidence of specific quid pro quos. The court further reaffirmed that non-officials who dominate and control government business owe a fiduciary duty to the public, rejecting arguments that Percoco's status as an unaffiliated advisor shielded him from liability.
The Second Circuit affirmed the honest-services fraud convictions of Joseph Percoco and Steven Aiello, ruling that while a jury instruction regarding 'as opportunities arise' was technically flawed, the error was harmless given the overwhelming evidence. The court further reaffirmed that non-employees can owe a fiduciary duty to the public if they dominate and control government business, rejecting the argument that Percoco's status as an unofficial advisor exempted him from liability.
The Second Circuit affirmed the convictions of Joseph Percoco and Steven Aiello for honest-services wire fraud, ruling that while a jury instruction regarding 'as opportunities arise' was legally flawed, the error was harmless. The court further reaffirmed that non-employees may owe fiduciary duties to the public if they dominate governmental business and are relied upon by officials.
The Second Circuit affirmed the convictions of Joseph Percoco and Steven Aiello for honest-services wire fraud, ruling that while a jury instruction regarding 'as opportunities arise' was technically flawed, the error was harmless. The court further reaffirmed that non-employees can owe a fiduciary duty to the public if they dominate and control government business, rejecting arguments that Percoco's lack of formal employment shielded him from liability.
The Second Circuit affirmed the convictions of Joseph Percoco and Steven Aiello for honest-services wire fraud and solicitation of gratuities. The court held that while a jury instruction regarding 'as opportunities arise' was legally imprecise, the error was harmless given the overwhelming evidence of specific quid pro quos.
The Second Circuit affirmed the convictions of Joseph Percoco and Steven Aiello for honest-services wire fraud and bribery, ruling that while a jury instruction regarding 'as opportunities arise' was legally imprecise, the error was harmless. The court further reaffirmed that non-employees can owe fiduciary duties to the public if they dominate governmental business and are relied upon by officials.