The Supreme Court in the State of Oregon has taken a very progressive approach to eyewitness identifications of suspects in criminal actions. In a unanimous decision, the Oregon Supreme Court changed how eyewitness identification is utilized in criminal prosecutions in Oregon. The court's ruling shifts the burden of proof. Prosecutors in Oregon now … [Read more...]
Keeping Your Emails Private When David Patraeus, the Head of the CIA, Couldn’t
Today Americans communicate billions of times a day through e-mail and text messaging. Today, the most private pieces of information are communicated by using cell phones. Americans often communicate their private information through e-mail and text message. How can we keep these matters private? Do Americans have a right to privacy over their … [Read more...]
Children’s Best Interest
It is said that marriages are made in heaven. If this is true, are divorces made in hell? I don't believe so. Divorce is the result of a marriage not working out. The dissolution of a marriage takes place in the courthouse. Children born from the marriage are victims in a divorce. Children want their parents' marriage to work. They want their … [Read more...]
The Right To Die
There was a recent case in Long Island, New York concerning issues surrounding "the right to die." Sungeon Grace Lee, age 28, decided her life was no longer worth living. She advised her doctors she wanted to end her life by cutting off the life support system keeping her alive. Her parents, who are deeply religious, vehemently opposed their … [Read more...]
Post-divorce Parenting Issues
Your divorce is over. Does this mean all parenting issues have been resolved? Hopefully, this is true. But life is not static. Children grow older and develop new, unanticipated issues. Parents' relationships change. Financial situations for both the custodial and non-custodial parent are impacted by employment interruptions, physical problems and … [Read more...]
Cell Phone Searches
Law enforcement access to the material on Americans' cell phones is becoming a significant legal issue. Judges and legislators in many states have been dealing with this tricky issue of cell phone searches. Searching E-mail Do the police need a warrant to search the e-mail on a cell phone? Are warrantless searches of Americans' emails a violation … [Read more...]
Amending Irrevocable Trusts
Irrevocable trusts are an invaluable estate planning resource. However, due to tax changes (fiscal cliff) and other issues, irrevocable trusts with an estate plan in mind, need to be changed related to subsequent modifications of estate tax laws. Can irrevocable trusts be amended? The answer to that is yes, in certain circumstances. New York … [Read more...]
Child Custody Under The Hague Convention On The Civil Aspects Of International Child Abduction
The United States Supreme Court entertained a case on December 5, 2012, involving an international child custody battle. The case, Chafin vs. Chafin, involved a U.S. Army soldier and a Scottish woman. The Chafins were originally married in Scotland. Thereafter, they moved to Germany where Mr. Chafin was deployed by the United States military. In … [Read more...]
A Practical Guide to Prenuptial Agreements
Men and women marry, generally speaking, because they are in love. At the time of marriage couples rarely think about getting divorced. Divorce isn't romantic. Marriage certificates are not supposed to have expiration dates built into them. However today, divorce is much more common than it was in the past. Do you need a prenuptial … [Read more...]
Religious Court Could Not Make Decisions Concerning Custody And Visitation
Judge Daniel Palmieri, sitting in a Supreme Court part handling matrimonial matters in Nassau County, New York, recently vacated the decision of a Beth Din determination and award. Beth Din is a Jewish Religious Court. The parties in this case had entered into a written agreement to arbitrate financial issues related to the marriage before the … [Read more...]
