Case Summaries

Probate Trusts

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Family Law

[11/20] Grucci v. Grucci

In plaintiff’s suit against his ex-wife for malicious prosecution, trial court’s dismissal of the complaint is affirmed where there was sufficient evidence to support the jury’s verdict that the ex-wife did not initiate the contempt proceeding.

[11/09] In re M.L.

In juvenile court’s jurisdictional and dispositional hearing regarding two minor children, juvenile court’s judgment ordering the release of all the children’s mother’s previously existing psychiatric records to the County Children and Family Services is reversed and remanded where: 1) to the extent the court disclosed and ordered the privileged documents admissible at trial, it erred without first conducting an in camera hearing to determine the issue first; 2) the psychiatric records were neither disclosable nor admissible at trial pursuant to section 5328; and 3) the mother did not tender her mental health status as an issue such that she waived the confidentiality of her privileged psychotherapist-patient records.

[10/31] In re Destiny S.

Juvenile court’s orders declaring petitioner’s 11-year-old daughter a dependent of the court, and placing her with her maternal grandmother, are reversed where there is no evidence that the child is under a current risk of serious physical harm.

[10/30] In re R.C.

Juvenile court’s jurisdictional and dispositional orders finding petitioner’s three children dependents of the court under Welfare and Institutions Code section 300(b), is affirmed where sufficient evidence supports the allegation the father engaged in domestic violence such that there was a substantial risk the children would suffer serious physical harm.

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Family Law

[11/20] Grucci v. Grucci

In plaintiff’s suit against his ex-wife for malicious prosecution, trial court’s dismissal of the complaint is affirmed where there was sufficient evidence to support the jury’s verdict that the ex-wife did not initiate the contempt proceeding.

[11/09] In re M.L.

In juvenile court’s jurisdictional and dispositional hearing regarding two minor children, juvenile court’s judgment ordering the release of all the children’s mother’s previously existing psychiatric records to the County Children and Family Services is reversed and remanded where: 1) to the extent the court disclosed and ordered the privileged documents admissible at trial, it erred without first conducting an in camera hearing to determine the issue first; 2) the psychiatric records were neither disclosable nor admissible at trial pursuant to section 5328; and 3) the mother did not tender her mental health status as an issue such that she waived the confidentiality of her privileged psychotherapist-patient records.

[10/31] In re Destiny S.

Juvenile court’s orders declaring petitioner’s 11-year-old daughter a dependent of the court, and placing her with her maternal grandmother, are reversed where there is no evidence that the child is under a current risk of serious physical harm.

[10/30] In re R.C.

Juvenile court’s jurisdictional and dispositional orders finding petitioner’s three children dependents of the court under Welfare and Institutions Code section 300(b), is affirmed where sufficient evidence supports the allegation the father engaged in domestic violence such that there was a substantial risk the children would suffer serious physical harm.

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Criminal Law & Procedure

[11/29] Ackerson v. City of White Plains

In action alleging false arrest, malicious prosecution and 1983 claims following arrest for 3rd degree menacing, summary judgment for defendants is affirmed in part and reversed in part, where: 1) plaintiff’s actions were insufficient to sustain a menacing charge and no probable cause for the menacing arrest existed; 2) defendant-officers were not entitled to qualified immunity because “arguable probable cause” did not exist; but 3) summary judgment for defendant-city on the Monell claim and the dismissal of the malicious prosecution claims were appropriate.

[11/29] US v. Coplan

In appeal from convictions on charges of conspiracy to defraud the Government, tax evasion, obstruction of the IRS and false statements to the IRS related to defendants’ development of “tax shelters” sold by Ernst and Young: 1) the judgments of conviction for Coplan and Vaughn are affirmed; 2) the judgments of conviction of Sharpiro and Nissenbaum are reversed due to insufficient evidence; and 3) the portion of defendant Bolton’s sentence imposing a $3 million fine is vacated and the cause is remanded for the sole purpose of reducing the fine to the statutory maximum of $250,000.

[11/29] People v. Watson

Defendant’s conviction for facilitating the sale and possession of cocaine is affirmed where based on the plain language of the facilitation statutes and the historic rationale underlying the agency doctrine, agency may not be interposed as a defense to a charge of criminal facilitation.

[11/29] People v. Vandover

The Appellate Term’s dismissal of defendant’s charges for driving while intoxicated is affirmed where: 1) there is support in the record for the determination that the facts did not support probable cause to arrest defendant; and 2) the determination, which is based on mixed question of law and fact, is beyond review.

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Criminal Law & Procedure

[11/29] Ackerson v. City of White Plains

In action alleging false arrest, malicious prosecution and 1983 claims following arrest for 3rd degree menacing, summary judgment for defendants is affirmed in part and reversed in part, where: 1) plaintiff’s actions were insufficient to sustain a menacing charge and no probable cause for the menacing arrest existed; 2) defendant-officers were not entitled to qualified immunity because “arguable probable cause” did not exist; but 3) summary judgment for defendant-city on the Monell claim and the dismissal of the malicious prosecution claims were appropriate.

[11/29] US v. Coplan

In appeal from convictions on charges of conspiracy to defraud the Government, tax evasion, obstruction of the IRS and false statements to the IRS related to defendants’ development of “tax shelters” sold by Ernst and Young: 1) the judgments of conviction for Coplan and Vaughn are affirmed; 2) the judgments of conviction of Sharpiro and Nissenbaum are reversed due to insufficient evidence; and 3) the portion of defendant Bolton’s sentence imposing a $3 million fine is vacated and the cause is remanded for the sole purpose of reducing the fine to the statutory maximum of $250,000.

[11/29] People v. Watson

Defendant’s conviction for facilitating the sale and possession of cocaine is affirmed where based on the plain language of the facilitation statutes and the historic rationale underlying the agency doctrine, agency may not be interposed as a defense to a charge of criminal facilitation.

[11/29] People v. Vandover

The Appellate Term’s dismissal of defendant’s charges for driving while intoxicated is affirmed where: 1) there is support in the record for the determination that the facts did not support probable cause to arrest defendant; and 2) the determination, which is based on mixed question of law and fact, is beyond review.

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