Thursday, July 12, 2012

The Second Circuit, in United States v. Voustianiouk, holds that the Fourth Amendment requires suppression, where police searched a second-floor apartment based on a warrant that authorized the search of a first-floor apartment. Conviction for possession of child pornography, and five-year sentence (of which already two years have been served) vacated.

Wednesday, July 11, 2012

The Supreme Court today issued an opinion in Zharkova v. Gaudreau, setting out the elements of common law marriage. The Supreme Court affirms Family Court's finding that the plaintiff had failed to prove those elements by the required standard of clear and convincing evidence.