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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

United States v. Perez

This Order addresses challenges by six defendants to the constitutionality of the Sentencing Reform Act of 1984 and the Sentencing Guidelines. District Judge Nowlin found that the Act violates the separation of powers doctrine and Article I, Section 7 of the U.S. Constitution, particularly concerning the composition and authority of the Sentencing Commission and the lack of presidential presentment for the Guidelines. The Court further ruled that the Sentencing Guidelines infringe upon defendants' due process rights by unduly restricting judicial discretion in sentencing and limiting the consideration of individual circumstances. While concluding the unconstitutional provisions could be severed, the Court directed that, pending appellate review, sentences for offenses committed after November 1, 1987, should be determined as if committed before that date, accounting for the absence of parole.

Sentencing Reform ActSentencing GuidelinesConstitutional LawSeparation of PowersArticle IDue ProcessJudicial DiscretionFederal Criminal JusticeJudicial IndependencePresentment Clause
References
42
Case No. M2002-01046-CCA-R3-CD
Regular Panel Decision
Aug 04, 2003

State of Tennessee v. Anthony Nathaniel Guerard

The defendant, Anthony Nathaniel Guerard, appealed his sentences after his judicial diversion probation was revoked following new charges of reckless endangerment and attempted robbery. He argued that his sentences were excessive and that the trial court erred by denying alternative sentencing. The trial court had imposed an effective sentence of seven years, citing the defendant's untruthfulness during the sentencing hearing and his prior non-compliance with release conditions. The appellate court reviewed the application of enhancement and mitigating factors, ultimately affirming the trial court's judgment, concluding that the sentences were proper and the denial of alternative sentencing was justified.

Criminal AppealSentencingJudicial DiversionProbation RevocationAggravated AssaultReckless EndangermentAttempted RobberyConsecutive SentencesAlternative SentencingEnhancement Factors
References
17
Case No. 2025 NY Slip Op 03249
Regular Panel Decision
May 29, 2025

Hartford Fire Ins. Co. v. Hudson Excess Ins. Co.

This declaratory judgment action addresses an insurance coverage dispute stemming from an underlying personal injury claim. Plaintiffs Hartford Fire Insurance Company and Mayer Malbin Realty I, LLC sought defense and indemnity from Hudson Excess Insurance Company for an injury sustained by a worker at a construction site. Although aware of potential coverage in October 2017, plaintiffs did not tender notice to Hudson until May 2020. Hudson subsequently disclaimed coverage due to this significant delay. The Supreme Court initially granted plaintiffs' motion for summary judgment, but the Appellate Division, First Department, unanimously reversed this decision. The appellate court ruled that plaintiffs failed to meet their burden of showing Hudson was not prejudiced by the late notice, which hindered Hudson's ability to conduct a timely investigation.

Insurance CoverageDisclaimer of CoverageLate NoticePrejudice DefenseAdditional InsuredSummary Judgment ReversalAppellate ReviewPersonal Injury ActionConstruction Site AccidentSubcontractor Liability
References
4
Case No. MISSING
Regular Panel Decision

Northbrook Excess & Surplus Insurance v. Chubb Group of Insurance Companies

This declaratory judgment action addresses the hierarchy of excess insurance policies in a situation where one policy is primary for owned vehicles but excess for non-owned, and the second is an umbrella policy covering multiple risks. The case stems from an accident involving a rented van, which led to a $650,000 settlement. After the primary insurer paid $500,000, Chubb Group of Insurance Companies and Northbrook Excess and Surplus Insurance Co. each contributed $75,000, pending a determination of their respective excess coverage obligations. The Supreme Court initially ruled for ratable contribution. However, citing State Farm Fire & Cas. Co. v LiMauro, the appellate court reversed, holding that Northbrook's umbrella policy constitutes a final tier of coverage, not required to contribute ratably with Chubb's excess policy. Consequently, summary judgment was granted to Northbrook, entitling it to a $75,000 reimbursement from Chubb.

Excess InsuranceUmbrella InsuranceDeclaratory JudgmentInsurance Policy InterpretationInsurance Coverage DisputeAutomobile Liability InsuranceNon-Owned VehicleRatable ContributionFinal Tier CoverageSummary Judgment
References
2
Case No. 106274
Regular Panel Decision
Oct 30, 2014

PeoplevRodriguez

The New York Supreme Court, Appellate Division, Third Judicial Department, affirmed the judgment convicting Jose A. Rodriguez of operating as a major trafficker and four counts of criminal sale of a controlled substance in the third degree. Rodriguez appealed, arguing insufficient evidence, particularly regarding the corroboration of accomplice testimony, and an excessive sentence. The Court found adequate corroboration for accomplice testimony connecting Rodriguez to the drug operation through police investigations and controlled buys. It also dismissed his claims concerning geographical jurisdiction and ineffective assistance of counsel. The Appellate Division concluded that the evidence was legally sufficient and the verdict was in line with the weight of the evidence, and determined that the sentence imposed was not unduly harsh or excessive, citing the serious nature of the crimes and Rodriguez's criminal history.

Criminal LawDrug TraffickingControlled SubstancesAccomplice TestimonyEvidence CorroborationAppellate ReviewSentence AppealPenal LawNew York LawDrug Law Reform Act
References
30
Case No. MISSING
Regular Panel Decision

United States v. Bonventre

The defendant pleaded guilty to one count of accepting bribes from contractors to fraudulently induce insurance carriers to lower Workers’ Compensation premiums. The court, led by Senior District Judge Weinstein, determined that general deterrence was the primary consideration in sentencing, particularly due to the widespread bribery and corruption in the New York City building industry. Despite the defendant's poor health and good private life, his crimes were motivated by greed and betrayed public trust. The court issued an upward departure from the Federal Sentencing Guidelines, imposing a $250,000 fine and sentencing the defendant to time served, along with a $50 assessment. The judge found the Guideline maximum fine of $5,000 to be absurd given the defendant's wealth and the seriousness of the offense.

BriberySentencingWorkers' Compensation FraudGeneral DeterrenceUpward DepartureCriminal ConductInsurance FraudFederal Sentencing GuidelinesWhite-Collar CrimeJudicial Discretion
References
1
Case No. MISSING
Regular Panel Decision

United States v. Sessa

Defendants Michael Sessa, Victor Orena, and Pasquale Amato were convicted of racketeering, loansharking, and firearms offenses committed while conducting the affairs and warring over the leadership of the Colombo organized crime family. The court found that these mobsters thrived in and cultivated a complex, pervasive culture of crime, infesting and draining communities and industries in New York City through activities like loansharking and labor union corruption. The presiding judge emphasized that considerations of incapacitation and general deterrence overwhelmingly require harsh sentences, given the defendants' past histories as recidivists and the severe danger they pose to the community. Although the Sentencing Guidelines mandated life imprisonment, the court found them of little assistance in capturing the overall picture of the defendants' extensive criminal lives. Consequently, each defendant was sentenced to life in prison, with additional consecutive terms for firearm offenses, and substantial cumulative fines, with the court noting upward departures from the Guidelines due to the heinous nature of the offenses and the ongoing danger posed by the defendants.

RacketeeringLoansharkingFirearms OffensesOrganized CrimeColombo FamilySentencing MemorandumLife ImprisonmentCriminal EnterpriseGeneral DeterrenceIncapacitation
References
3
Case No. MISSING
Regular Panel Decision
Mar 23, 2016

United States v. E.L.

Defendant E.L. pled guilty to one count of possession of child pornography. Despite United States Sentencing Guidelines recommending 51 to 63 months imprisonment, Judge Jack B. Weinstein imposed a non-incarceratory sentence of five years of probation with strict conditions. This decision was largely based on extensive medical and expert testimony, which indicated that E.L. poses an almost zero risk of re-offending, especially with his ongoing participation in psychological and sex offender treatment. The court highlighted the significant negative impact incarceration would have on E.L.'s family and his progress in treatment, while emphasizing the importance of individualized sentencing assessments. This ruling also aligned with broader concerns from the Sentencing Commission and various courts regarding the severity and applicability of child pornography guidelines for non-production offenses.

Child pornographySentencingProbation18 U.S.C. § 3553(a)United States Sentencing GuidelinesSex offender treatmentRecidivism riskForensic psychiatryObsessive-compulsive disorder (OCD)Depression
References
43
Case No. MISSING
Regular Panel Decision
Dec 21, 1994

People v. Curry

The defendant appealed a judgment from the Supreme Court, Kings County, convicting him of multiple counts of robbery in the first degree and attempted robbery in the first degree. The original sentence imposed consecutive terms of imprisonment. The appellate court, in the interest of justice, modified the judgment by directing that certain sentences for robbery and attempted robbery counts run concurrently. As modified, the judgment was affirmed. The court noted that while consecutive sentences for crimes against multiple victims are not improper, the sentence in this case was excessive to the extent indicated. The defendant's remaining contention was unpreserved for appellate review.

RobberyAttempted RobberyConsecutive SentencesConcurrent SentencesAppellate ReviewExcessive SentenceCriminal LawJury VerdictSentencing ModificationKings County Supreme Court
References
2
Case No. M2016-01980-CCA-R3-CD
Regular Panel Decision
Aug 16, 2018

State of Tennessee v. Timothy A. Crowell

Timothy A. Crowell appealed his conviction for aggravated robbery and an eighteen-year sentence from Davidson County Criminal Court. His appeal contended errors by the trial court regarding the admission of partial surveillance video, hearsay evidence, and a photograph lineup during jury deliberations, as well as questioning the sufficiency of the evidence and the excessiveness of his sentence. The Court of Criminal Appeals of Tennessee affirmed the trial court's judgment, finding no reversible error in the evidence's admission or its sufficiency, and upholding the trial court's sentencing discretion. The court determined the state had no duty to acquire a complete surveillance video and that any hearsay admission was harmless. Additionally, the positive identification by the victim and the application of various enhancement factors justified the conviction and sentence.

Aggravated RobberyEyewitness IdentificationSufficiency of EvidenceHearsay EvidenceSurveillance VideoDue ProcessSentencing ReviewEnhancement FactorsCriminal ProcedureAppellate Review
References
44
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