Cases

DRONEY, Circuit Judge: On September 14, 2010, David H. Brooks was convicted in the United States District Court for the Eastern District of New York (Seybert, J.) after a jury trial on multiple counts of offenses relating to securities fraud, mail and wire fraud, and obstruction of justice. He was also convicted of related tax offenses based on his guilty pleas, which occurred after the jury’s verdict. Shortly before trial,

13‐3213‐cr (L) United States v. Brooks 1 In the 2 United States Court of Appeals 3 For the Second Circuit 4 5 6 August Term, 2016 7 No. 13‐3213‐cr (L), 13‐4288‐cr(CON), 14‐2577‐cr(CON), 14‐2682‐cr(CON), 15‐ 8

185 S.W.3d 265 (2006) STATE of Missouri, Appellant, v. Maria L. BROOKS, Respondent. No. WD 64887. Missouri Court of Appeals, Western District. March 7, 2006. *268 Daniel Christian Miller, Kansas City, MO, arguing on behalf of Appellant. Randall John Schlegel, Kansas City, MO, arguing on behalf of Respondent. Before

795 F.Supp.2d 219 (2011) UNITED STATES of America, v. Sandra HATFIELD and David H. Brooks, Defendants. No. 06-CR-0550 (JS). United States District Court, E.D. New York. June 14, 2011. *221 Richard Thomas Lunger, Jr., Esq., Christopher Allen Ott, Esq., Christopher Charles Caffarone, Esq., James Halleron Knapp, Esq., James M. Miski

724 F.Supp.2d 321 (2010) UNITED STATES of America, v. Sandra HATFIELD, David H. Brooks, Patricia Lennex, Defendants. No. 06-CR-0550 (JS). United States District Court, E.D. New York. July 8, 2010. *323 Richard Thomas Lunger, Jr., Esq., Christopher Allen Ott, Esq., Christopher Charles Caffarone, Esq., James Halleron Knapp, Esq., J

84 F.3d 1454 Lynda BROOKS; Verna Hobson; Geraldine Bavaro; HarrietEaton; Jane Doe; and Richard Doe, as parents and guardiansof, respectively, Michael Brooks; Theresa Hobson; LisaBavaro; Jill Eaton; John Doe; and Rachel Roe, Plaintiffs-Appellees,v.Rudolph W. GIULIANI, as Mayor of the City of New York;Marva Livingston Hammons, as Commissioner of the New YorkCity Human Resources Administration, Child WelfareAd

Judge PARKER dissents in a separate opinion. JACOBS, Circuit Judge: The United States District Court for the Eastern District of New York (Trager, J.) entered a preliminary injunction requiring, inter alia, that New York state agencies pay for certain of its severely disabled citizens (plaintiffs here) to live in out-of-state institutions until such time as the State, employing “evaluation proced

OPINION OF THE COURT YOUNG, Chief Judge: Court members convicted the appellant of wrongfully using methamphetamine in 1998, but acquitted her of wrongfully possessing the same drug in 1994. Article 112a, UCMJ, 10 U.S.C. § 912a. The convening authority approved the adjudged sentence of a bad-conduct discharge and reduction to E-2. The appellant assigns three errors: (1) The military judge misapplied the ru

OPINION OF THE COURT BURD, Judge: On 8-17 December 1998, the appellant was tried by general court-martial composed of members at Davis-Monthan Air Force Base (AFB), Arizona. Contrary to his pleas, he was found guilty of one specification of wrongfully using cocaine, in violation of Article 112a, UCMJ, 10 U.S.C. § 912a. He was found not guilty of three other allegations: signing a false official document,

Opinion CRAWFORD, Judge: Contrary to his pleas, appellant was convicted of rape, in violation of Article 120, Uniform Code of Military Justice, 10 USC § 920. The convening authority approved the sentence of a dishonorable discharge, 36 months’ confinement, partial forfeitures, and reduction to the lowest enlisted grade. The Court of Military Review1 affirmed the fin

Opinion of the Court CRAWFORD, Judge: 1. Contrary to his pleas, the accused was convicted by a general court-martial panel of officers and enlisted members of sodomy (3 specifications), committing indecent acts (2 specifications), and taking indecent liberties (4 specifications) — all with a child under age 16, and false swearing, in violation of Articles 125 and 134, Uniform Code of Military Justice,

Opinion of the Court SULLIVAN, Chief Judge: 1. Appellant was tried by a special court-martial composed of a military judge sitting alone at Lackland Air Force Base, Texas,1 on August 13, 1992. Pursuant to his pleas, he was found guilty of absence without leave (AWOL) (194 days), uttering several bad checks, and dishonorably failing to pay a just debt, in violation of Art

Opinion of the Court SULLIVAN, Chief Judge: 1. In January of 1992, appellant was tried by a general court-martial composed of officers at Malmstrom Air Force Base, Montana. Contrary to his pleas, appellant was found guilty of wrongful use of cocaine, in violation of Article 112a, Uniform Code of Military Justice, 10 USC § 912a. He was sentenced to a bad-conduct discharge, confinement for 6 months

SULLIVAN, Chief Judge (concurring in the result): I agree with the majority opinion’s conclusion that the instruction on physical inability was not required in this case. However, I am unable to base my conclusion on this Court’s out-dated opinion in United States v. Latsis, 5 USCMA 596, 18 CMR 220 (1955). Latsis was decided at a time when the Government was required to prove the accused’

*448 Opinion of the Court WISS, Judge: A general court-martial comprised of a military judge sitting alone convicted appellant of absence (5 days) from Ms umt without authority, failure to go to Ms appointed place of duty (2 specifications), wrongful use of cocaine, and wrongful commumcation of a threat to injure a person (2 specifications). <

OPINION OF THE COURT PEARSON, Judge: The key issue in this case is whether an accused in a court-martial may present expert testimony to attack the reliability of an eyewitness identification. We hold such testimony is admissible when the accuracy of an eyewitness identification is a critical issue in the case and the expert will testify on specific psychological factors which could have affected the accu

Ford, Judge: Involved herein are 27 appeals for reappraisement consolidated for trial, covering 27 entries of Belgian steel wire rope, exported from Belgium to the United States. The merchandise, made to United States specifications, was purchased by the Heartland Trading Co. of New Orleans, La. (hereinafter referred to as Heartland) , from Emile Begniers & Cie of Charleroi, Belgium (hereinafter referred to as Begniers), and

622 F.3d 188 (2010) D. David COHEN, Intervenor-Appellant, v. Alvin VIRAY, Derivatively on Behalf of DHB Industries, Inc., Plaintiff-Appellee, David H. Brooks, DHB Industries Inc., Sandra Hatfield, Dawn M. Schlegel, Jerome Krantz, Gary Nadelman, Cary Chasin, Barry Berkman, Larry Ellis, David Brooks International Inc., Terry Brooks, Elizabeth Brooks International Inc., Andrew Brooks International Inc., Jeffrey Brooks, Tactical Armor Products, I

449 B.R. 446 (2011) In re POINT BLANK SOLUTIONS, INC., et al., Debtors. Point Blank Solutions, Inc., Plaintiff, v. Robbins Geller Rudman & Dowd LLP (as both Escrow Agent and Co-Lead Counsel for Lead Plaintiffs); Labaton Sucharow LLP (as Co-Lead Counsel for Lead Plaintiffs); Law Offices of Thomas G. Amon (as Co-Lead Counsel in the Derivative Action); and Robbins Umeda LLP (as Co-Lead Counsel in the Derivative Action); David H. Brooks; Sand

CUMMINGS, Circuit Judge. Plaintiff Alliance for Clean Coal (“Alliance”) is a trade association whose members market and transport coal produced from western United States mines. Alliance sued the governor of Indiana and members of the Indiana Utility Regulatory Commission (“Commission”) challenging portions of the Indiana Environmental Compliance Plans Act (“ECPA”) (IC 8-1-27-6(b)(6), 8-1-27-8(1)(D) and 8-1-27-20) (Appendix,