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Court Cases
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3RD CIRCUIT RULES POLICE NOT LIABLE FOR FAILING TO PROTECT OFFICER'S WIFE, Lawyers USA, Boston, MA: September 24, 2007. Copyright © 2007 Dolan Media Newswires.
Admission of Excited Utterance to Police Officer in Domestic Violence Case Upheld, summarized by Wendy J. Murphy, New England School of Law, Boston, MA: June 14, 2004. Court of Appeals of Indiana, Aaron G. Fowler v. Indiana, No. 49A02-0310-CR-930
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Anthony Mastroianni, & C., Appellant, v. County of Suffolk, Et Al., Respondents, 91 N.Y.2d 198, 691 N.E.2d 613, 668 N.Y.S.2d 542 (1997), December 2, 1997.
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Apessos v. Memorial Press Group
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Appeals Court Upholds $1 Million Award for Alleged Rape Victim, Associated Press and South Florida Sun-Sentinel Miami, FL: December 23, 2004. Copyright © 2004 South Florida Sun-Sentinel. Jane Doe v. Celebrity Cruises, Inc., et al.
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Barney Fife Revisited: Gunless Deputy Loses Job, Denlinger, Rosenthal & Greenberg, LPA, Ohio Employment Law Letter, (volume 15, issue 9), Brentwood, TN: September 2004. Copyright © 2004 M. Lee Smith Publishers LLC. Morrison v. Warren, et al.
 BaZE V. REES, COMMISSIONER, KENTUCKY DEPARTMENT OF CORRECTIONS, Supreme Court of the United States, Washington, DC: April 16, 2008. Issue: lethal injection for death pentalty.
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Blakely v. Washington
BOOTH V. HVASS (302 F.3d 849, 2002), U.S. Court of Appeals for the Eighth Circuit, St. Paul, MN.
BOWEN V. CHEUVRONT – BRIEF AMICUS CURIAE OF THE NORTH DAKOTA STATE'S ATTORNEYS ASSOCIATION, December 21, 2007. This Brief Amicus Curiae was prepared in connection with an issue about which the National Center for the Prosecution of Violence Against Women receives many requests for assistance: a court's preclusion of words and terms in a sexual assault case. In this case, the victim and the prosecution were precluded from using the terms "victim," "assailant" and "rape."
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Burlington Northern & Santa Fe Railway Co. v. White
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Calif. Justices Clear Way for Testimony on Domestic Abuse, Mike McKee, Law.com, San Francisco, CA: August 4, 2004. Copyright © 2004 Yahoo! Inc. Copyright © 2004 NLP IP Company. People v. Brown.
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City of Canton v. Harris 489 US 378 (1989), Supreme Court of the United States, Washington, DC.
COATES v. STATE OF MARYLAND, Court of Special Appeals of Maryland, Baltimore, MD: August 31, 2007. Important case re: limits on hearsay statements of SANE / SAFE / SART forensic witnesses.
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COOPER V. DISTRICT COURT – P.3D – 2006 WL 976894, Alaska Court of Appeals, Anchorage, AK: April 14, 2006. In this case, the victim of domestic violence, Cynthia Cooper, contended that the defendant had been illegally sentenced to a treatment program that was not one of the batterer's treatment programs approved by the Alaska Department of Corrections and appealed the sentence. The Court of Appeals held that, as a victim of crime, Ms. Cooper did not have standing to independently seek appellate review of a substantive sentencing decision by a trial court. The court specifically left open the question of whether a victim had standing to seek appellate review of the violation of a victim's procedural rights, such as the right to be heard at sentencing. Because the court also held that the sentence had not been illegal, it did not reach the issue of what the court would do if the records had revealed collusion on the part of the prosecutor, court and defendant to circumvent the sentencing law.
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Court Restores Verdict Against Negligent Sheriff, Bob Anez, Associated Press, Livingston Enterprise, Livingston, MT: May 5, 2004. 03-567 (05-05-04) Massee v. Thompson 2004 MT 121.
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Court Ruling is Mixed on Sex Harassment, Stephen Henderson and Larry Fish, The Philadelphia Inquirer, Philadelphia, PA: June 15, 2004. Copyright © 2004 The Philadelphia Inquirer. Pennsylvania State Police v. Suders.
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Court Upholds Ex-Wife’s Right to Complain, Rebecca Cook, Associated Press, July 8, 2004. Copyright © 2004 The Associated Press. Suggs v. Hamilton.
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Crawford V. Washington
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Crucial Victory in the Fight to Stop Housing Discrimination Against Abuse Victims, Legal Momentum, New York, NY.
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DAVIS V. WASHINGTON AND HAMMON V. INDIANA
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Decision of Interest; New York Supreme Court, Bronx County; Criminal Prosecution for Harassment Not Barred By Family Court Imprisonment for Contempt, New York Law Journal, New York, NY: December 2, 2004. Copyright © 2004 ALM Properties, Inc.
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Decision of Interest; New York County Supreme Court; Noncooperation With Pre-Sentence Investigation Justifies Enhanced Sentence for Plea Condition’s Breach, New York Law Journal, New York, NY: August 8, 2005. Copyright © 2005 ALM Properties, Inc.
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DeShaney v. Winnebago County Department of Social Services, Supreme Court of the United States, 489 U.S. 189: February 22, 1989.
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Divided Appeals Panel Affirms Domestic Violence Order, Ertel Berry, North Carolina Lawyers Weekly, Raleigh, NC: September 25, 2006. Copyright © 2006 Dolan Media Newswires.
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DIXON v. U.S.
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Domestic Violence Agency Wins Missouri Supreme Court Protection of Records, State ex rel. Hope House, Inc., Relator v. Commissioner Molly M. Merrigan, Circuit Court of Jackson County, Missouri, Family Court Division, Respondent; Opinion II. Section 455.220: Strict Confidentiality for Domestic Violence Victims; written by Judge Richard B. Teitelman, Jefferson City, MO: April 13, 2004.
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Domestic Violence Cases See New Test, Robert Tharp, Dallas Morning News Dallas, TX: July 5, 2004. Copyright © 2004 Belo Corporation.
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Domestic Violence Centers Retain Confidentiality Right, Emily Umbright, St. Louis Daily Record/St. Louis Countian, St. Louis, MO: April 15, 2004. Copyright 2004 Dolan Media Newswires.
DOMESTIC VIOLENCE VICTIM SEEKING A RESTRAINING ORDER IS PROTECTED FROM RETALIATION BY HER EMPLOYER UNDER OREGON LAW, Victim Rights Law Center, Portland, OR: April 7, 2008.
Domestic VIOLENCE VICTIM – CHANGE OF NAME, Bob Durst, New Jersey Law Blog, Stark & Stark Attorneys at Law, Lawrenceville and Marlton, NJ: March 26, 2008. Copyright © 2008 Stark & Stark.
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Each Threatening Phone Call Violated Protective Order, Top Court Affirms, Alisa Bralove, The Daily Record, Baltimore, MD: June 18, 2004. Copyright © 2004 Dolan Media Newswires. David Triggs Jr. v. State of Maryland.
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Federal Law Protects Battered Women From Housing Discrimination, COURT RULES, Women’s Rights Project of the American Civil Liberties Union, New York, NY: April 1, 2005.
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Gantt V. Security USA, INC.
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GEORGIA V. RANDOLPH
HAYES V. GIBBS, First District Court of Appeals, Cincinnati, OH: March 14, 2008. Appellate decision reversing a trial court that refused to consider family support in a civil protection order case.
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JUSTICES SAY COPS CAN ENTER, STOP FIGHT, Thomas Burr, The Salt Lake Tribune, Salt Lake, UT: May 23, 2006. Copyright © 2006 The Salt Lake Tribune. Brigham City, Utah v. Stuart, et al.
'LARIAM DEFENSE' REJECTED IN CRIMINAL FRAUD TRIAL FOLLOWING HEARING, The Mealey's Emerging Drugs & Devices (volume 7, issue 12), Philadelphia, PA: June 20, 2002. Copyright © 2002 LexisNexis. The People of the State of Illinois v. Anthony B. Mertz.
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Maria Teresa Macias v. Sonoma County Sheriff Mark Ihde
MARTIN V. HOWARD UNIVERSITY
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MASS. SUPREME JUDICIAL COURT UPHOLDS 209A ABUSE-PREVENTION ORDER AGAINST OUT-OF-STATE MAN, Eric T. Berkman, Massachusetts Lawyers Weekly, Boston, MA: January 28, 2008. Copyright © 2008 Dolan Media Newswires.
MASSACHI V. AHL SERVICES, INC., ET AL AND CITY OF NEWARK POLICE DEPARTMENT, Superior Court of New Jersey Appellate Division, Trenton, NJ: November 15, 2007. The New Jersey Appellate Division has ruled that a city can be sued for the murder of a college student after a 911 operator and police dispatcher mishandled a call reporting her abduction.
MCSWANE AND HAYS V. BLOOMINGTON HOSPITAL AND HEALTHCARE SYSTEM AND JEAN M. EELMA, MD, Indiana Court of Appeals, Indianapolis, IN: March 12, 2008. A hospital that treated a suspected victim of domestic violence can be sued for discharging her into the care of her former husband who subsequently murdered her, the Indiana Court of Appeals has ruled in reversing a summary judgment.
MN Court of Appeals Allows Testimony on Battered-Woman Syndrome, Michelle Lore, The Minnesota Lawyer, Minneapolis, MN: September 6, 2004. Copyright © 2004 Dolan Media Newswires. State of Minnesota v. Vance.
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Nicholson v. Williams and Nicholson v. Scoppetta
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OHIO COURT TOSSES PROTECTIVE ORDER RULING, Liz Sidoti, Associated Press, CentreDaily.com, September 24, 2003. The State of Ohio vs. Lucas [State v. Lucas, 100 Ohio St.3d 1, 2003-Ohio-4778.] The Ohio Supreme Court ruled "An individual who is the protected subject of a temporary protection order may not be prosecuted for aiding and abetting the restrainee under the protection order in violating said order."
PEOPLE V. HENRY IVAN COGSWELL, Court of Appeal of California, Fourth Appellate District, San Diego, CA: October 31, 2007.
PEOPLE V. RALPH TANCREDI, Supreme Court of New York, 9th Judicial District, Westchester County, White Plains, NY: March 6, 2008. Issue: Court appoints independent third-party attorney for victim in criminal domestic violence case.
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People v. Turner
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PLAINS COMMERCE BANK V. LONG FAMILY LAND & CATTLE CO., INC. – BRIEF AMICUS CURIAE, National Network to End Domestic Violence, Sacred Circle-National Resource Center to End Violence Against Nativre Women, et al., March 2008.
POLICE MAY BE SUED FOR NOT INTERVENING IN DOMESTIC VIOLENCE CASES, John O’Connor, Associated Press, New York, NY: April 20, 2006. Copyright © 2006 The Associated Press. Moore v. Green and DeSmet v. County of Rock Island, Illinois Supreme Court, Springfield, IL.
PRIVATE HOUSING COMPANY WON'T EVICT DOMESTIC VIOLENCE VICTIMS AFTER ACLU LAWSUIT, American Civli Liberties Union, Detroit, MI: February 26, 2008. Tanica Lewis v. Northend Village Management Systems, Inc. and Jacqueline Waters. Settlement and other legal documents.
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| Protective Order Respondent can be Charged with Violating the Order for Having His Attorney Contact the Victim – State of New Hampshire v. Steven Kidder (150 NH 600; 843 A.2d 312; 2004 NH Lexis 37), New Hampshire Supreme Court, Concord, NH: February 27, 2004.
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SHOT BY EX, SHE WINS $10M SUIT, Chrisena Coleman, Daily News, New York, NY: April 11, 2006. Copyright © 2006 Daily News, L.P.
S.S. AND P.L. V. ROC ALEXANDER AND THE UNIVERSITY OF WASHINGTON, Court of Appeals of Washington, Division One, Seattle, WA: February 11, 2008. This case explains why schools can't legitimately maintain that a sexual assault policy has nothing to do with Title IX. Indeed, failture to appreciate the legal relationship enhances the risk a school will be subjected to in legal proceedings and sanctions under OCR / DOE's jurisdiction, as well as providing some evidence of a school's "deliberate indifference," which could add to a school's liability exposure.
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Stalking Defies Boundaries, Court Decides, Howard Pankratz, Denver Post, Denver, CO: March 18, 2005. Copyright © 2005 The Denver Post.
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State High Court Takes Broad View of Mediation Privilege, Kenneth Ofgang, Metropolitan News-Enterprise, Los Angeles, CA: July 13, 2004. Copyright © 2004 Metropolitan News Company. Rojas v. Superior Court of Los Angeles County.
State OF ARKANSAS v. JOSE BLANDIN, Arkansas Supreme Court, Little Rock, AR: May 10, 2007.
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State of Ohio v. Michael Carswell
State OF VERMONT v. RYAN J. BRINK, Supreme Court Docket #2006-517, Supreme Court of Vermont, Montpelier, VT: March 14, 2008. Issue: Ruling on ability of prosecutor to allow victim to write answers down and then the prosecutor reads them into the record.
State OF WISCONSIN v. RONALD SCHAEFER, Wisconsin Supreme Court, Madison, WI: April 2, 2008. Issue: Defendant has no right to "discovery" or even "production" prior to preliminary hearing.
State V. BLAKE, Appellate Court of Connecticut, Hartford, CT: March 18, 2008. Issue: Important case on privileged records of victims with serious psych history. The judge declines in camera review.
State v. Guenther, N. J. Lexis 941 2004. Issue: False allegations.
State v. JOSEPH STRAVATO, Supreme Court of Rhode Island, Providence, RI: December 7, 2007. Important case on discovery obligation re: victim-impact statements prepared prior to trial.
State v. PIERCE (CASE SUMMARY), summarzied by Jennifer Cochran, Center for Law and Social Responsibility, the Domestic and Sexual Violence Project at the New England School of Law, Boston, MA: April 12, 2008. This case involves a post-conviction trial motion in which the defendant argues that his counsel was ineffective for failing to object to the State's use of the words "victim", "sexual assault" and "crime scene" during trial.
StUDENT WRITING AND POLICY WORK – DOMESTIC VIOLENCE LAW PRACTICUM, School of Law-Boalt Hall at the University of California, Berkeley, Berkeley, CA. Amicus curiae briefs on various court cases.
SUPREME COURT HEARS CASE ON RAPE AND DEATH PENALTY, Allison Stevens, Women's eNews, Washington, DC: April 17, 2008. Copyright © 2008 Women's eNews.
SUPREME COURT TO HEAR DOMESTIC HOMICIDE CASE, Speaking Up (volume 14, issue 1), Family Violence Prevention Fund, San Francisco, CA: January 31, 2008. Giles v. California.
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SUPREME COURT TO HEAR DOMESTIC VIOLENCE CASE, Speaking Up (volume 12, issue 2), Family Violence Prevention Fund, San Francisco, CA: February 14, 2006.
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Texas Appeals Court Says Past Violence Sufficient for Dating Protection Order, Texas Lawyer, Dallas, TX: March 29, 2004. Copyright 2004 ALM Properties, Inc.
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Thurman v. City of Torrington
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Town of Castle Rock, Colorado v. Jessica Gonzales
TYSON V. WARDEN, Superior Court of Connecticut, Judicial District of Tolland at Rockville, Rockville, CT: November 5, 2007. Important case on relationship of HIPAA to sexual assault counselor privileges and defense access.
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UNITED STATES COURT OF APPEALS RULES ON FIRST CASE UNDER CRIME VICTIMS’ RIGHTS ACT (CVRA), John Gilles, Office for Victims of Crime, Washington, DC: January 26, 2006. Kenna v. United States Court of Appeals for the Ninth Circuit.
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United States v. Emerson, NewsFlash, Family Violence Prevention Fund, San Francisco, CA: October 18, 2001.
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U.S. V. MORRISON
VICTIM IMAGES DID NOT MAR TRIAL, JUSTICES RULE, Robert Barnes, Washington Post, Washington , DC : December 12, 2006 . Copyright © 2006 The Washington Post Company. Carey v. Musladin.
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Victims Say Violence at Home Led to Job Loss, Amy Gardner, News & Observer, Raleigh, Durham, Cary and Chapel Hill, NC: December 8, 2004. Copyright © 2004 The News & Observer Publishing Company. Imes v. City of Asheville, CCL Management, Inc., and Asheville City Coach Lines, Inc. – Brief of Amici Curiae.
VIDEOTAPED CHILD TESTIMONY STATUTE UPHELD, Amaris Elliott-Engel, The Legal Intelligencer, February 28, 2008. Copyright © 2008 ALM Properties.
WARSHAK v. uSA – SEIZURE OF E-MAIL, U.S. Court of Appeals for the Sixth Circuit, Cincinnati, OH: July 18, 2007.
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| Washington Supreme Court Overturns Divorce Punishment of Wife Who Reported Abuse –Dawud A. Muhammad v. Cherry Muhammad (153 Wn.2d 795; 108 P.3d 779; 2005 Wash. LEXIS 274), Supreme Court of Washington, Olympia, WA: March 24, 2005. Copyright © 2005 LexisNexis.
WEISSENBURGER v. IOWA DISTRICT COURT FOR WARREN COUNTY, Iowa Supreme Court, Des Moines, IA: October 26, 2007.
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Wine v. Quezada: Family Law – Attorneys’ Fees – Domestic Violence, New Jersey Law Journal, Newark, NJ: July 18, 2005. Copyright © 2005 ALM Properties, Inc.
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| Woman Beaten by Husband Wins Suit, Tom Jackman, Washington Post, Washington, DC: August 18, 2006.
Woman'S LAWSUIT AGAINST JUDGE DISMISSED, Anna Jo Bratton, Associated Press, Lincoln Journal Star, Lincoln, NE: September 25, 2007. Copyright © 2002-2008 Lincoln Journal Star.
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