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	<title>Mintz Law</title>
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		<title>Second Circuit allows warrantless search of unhitched trailer under automobile exception to Fourth Amendment&#8217;s warrant requirment</title>
		<description><![CDATA[In United States v. Navas, 09-1144-cr, the Second Circuit reversed the district court’s finding that the warrantless search of a trailer – which was unhitched from its cab and parked in a warehouse – was prohibited by the Fourth Amendment.  
After being tipped off by a confidential informant and obtaining a warrant to track [...]]]></description>
		<link>http://www.mintzlaw.com/2010/03/second-circuit-allows-warrantless-search-of-unhitched-trailer-under-automobile-exception-to-fourth-amendments-warrant-requirment/</link>
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		<title>New York Times Editorial on the Need for Crack Cocaine Sentencing Reform</title>
		<description><![CDATA[A recent editorial in the New York Times  discusses the need to reform crack cocaine sentencing, and the potential backlash against lawmakers who support it.  
]]></description>
		<link>http://www.mintzlaw.com/2010/03/new-york-times-editorial-on-the-need-for-crack-cocaine-sentencing-reform/</link>
			</item>
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		<title>New York fails to treat mentally ill in juvenile prisons</title>
		<description><![CDATA[In an article published today, the New York Times reports how New York State has no full-time psychiatrist to care for mentally ill juveniles who are detained in state facilities.  
]]></description>
		<link>http://www.mintzlaw.com/2010/02/new-york-fails-to-treat-mentally-ill-in-juvenile-prisons/</link>
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		<title>Article on Honest Services Fraud</title>
		<description><![CDATA[The New York Federal Criminal Practice blog featured an article I wrote on a case out of the Eastern District of New York involving a prosecution for honest services fraud.  The case presented two interesting issues:  (1)  what distinguishes bribery/kickback frauds from frauds involving self-dealing; and, (2) when is a statement made [...]]]></description>
		<link>http://www.mintzlaw.com/2009/11/article-on-honest-services-fraud/</link>
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		<title>Officer who took documents from defense attorney&#8217;s file during hearing ordered only to apologize</title>
		<description><![CDATA[What should be the penalty for an officer who removes confidential legal material from a defense attorney&#8217;s file in the courtroom during the proceedings? In Arizona, apparently it is to be held in contempt of court, but only required to apologize.
This punishment does nothing but minimize the seriousness of the conduct here.  The Officer [...]]]></description>
		<link>http://www.mintzlaw.com/2009/11/officer-who-took-documents-from-defense-attorneys-file-during-hearing-ordered-only-to-apologize/</link>
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		<title>1993 murder convictions vacated because the proseuction let its witness give misleading answers</title>
		<description><![CDATA[In People v. Colon and People v. Ortiz, New York&#8217;s highest court vacated the defendants convictions because the prosecution at the initial trial failed to correct misleading testimony by one of its witnesses
In doing so, the Court of Appeals noted that prosecutors &#8220;must deal fairly with the accused and be candid with the courts&#8221;  [...]]]></description>
		<link>http://www.mintzlaw.com/2009/11/1993-murder-convictions-vacated-because-the-proseuction-let-its-witness-give-misleading-answers/</link>
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		<title>New York State to toughen drunk-driving law</title>
		<description><![CDATA[The New York State Senate unanimously passed legislation that makes New York State’s drunk-driving law some of the toughest in the nation.  Gov. David Paterson has said he will sign the bill, which makes it a felony to drive with a passenger under 15 while intoxicated with a blood-alcohol-content level above the legal-limit.  [...]]]></description>
		<link>http://www.mintzlaw.com/2009/11/new-york-state-to-toughen-drunk-driving-law/</link>
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		<title>Why the right to counsel must be respected</title>
		<description><![CDATA[As discussed in more detail by Prof. Doug Berman at his  Sentencing Law and Policy blog, Attorney General Holder spoke recently at the Brennan Center for Justice about the level of representation afforded to indigent defendants.
In that speech, AG Holder cited instances of defendants waiting in jail for weeks or months before finally being [...]]]></description>
		<link>http://www.mintzlaw.com/2009/11/why-the-right-to-counsel-must-be-respected/</link>
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		<title>Crack guidelines and Equal Protection</title>
		<description><![CDATA[In an unpublished Summary Order, the Second Circuit said, yet again, that the 100-to-1 powder to crack cocaine ratio employed by the Sentencing Guidelines does not violate the Equal Protection Clause of the Fifth Amendment because it is rationally related to the legitimate governmental interest of protecting  the public against the greater dangers of [...]]]></description>
		<link>http://www.mintzlaw.com/2009/10/crack-guidelines-and-equal-protection/</link>
			</item>
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		<title>DOJ supports eliminating crack/powder sentencing disparity</title>
		<description><![CDATA[On April 29, 2009, Lanny A. Breuer, Assistant Attorney General, testified before the Senate Committee on the Judiciary, Subcommittee on Crime and Drugs, and stated that &#8220;[t]he Administration believes Congress’s goal should be to completely eliminate the sentencing disparity between crack cocaine and powder cocaine.&#8221;  This statement is the next step in the years-long [...]]]></description>
		<link>http://www.mintzlaw.com/2009/05/doj-supports-eliminating-crackpowder-sentencing-disparity/</link>
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