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

Case No. MISSING
Regular Panel Decision

People v. McGinnis

This case involves the defendant, Felicia McGinnis, who moved to dismiss a charge of loitering for the purpose of engaging in prostitution (Penal Law § 240.37 [2]) due to facial insufficiency of the accusatory instrument. The court examined the complaint and supporting deposition, noting the reliance on a preprinted, check-off form that vaguely alleged the defendant loitered, spoke to three passersby for 20 minutes, and was previously arrested for prostitution-related offenses in an area frequented by prostitutes. The court found the allegations lacked specific, overt acts demonstrating a clear intent to solicit prostitution. It concluded that the general description of her clothing, ambiguous statement, and officer's prior experience were insufficient to establish reasonable cause. The motion to dismiss the accusatory instrument for facial insufficiency was therefore granted.

LoiteringProstitutionFacial InsufficiencyAccusatory InstrumentCriminal Procedure LawPenal LawSufficiency of EvidenceSupporting DepositionCheck-off FormsEvidentiary Character
References
13
Case No. MISSING
Regular Panel Decision

United States v. Thompson

This Memorandum & Order addresses a defendant's motions to dismiss various counts of a second superseding indictment, concerning charges including sex trafficking, promoting prostitution, and child exploitation. The court partially granted the motion to dismiss portions of counts referring to generic 'sexual activity' due to lack of specificity, but denied dismissal for prostitution-related offenses. The defendant's challenges to the constitutionality of the sex trafficking statute for overbreadth and the sufficiency of scienter allegations were both denied. Additionally, a motion for a bill of particulars was deemed moot, and a motion to strike surplusage was partially granted, removing one alias while retaining another deemed integral to the charges.

Criminal ProcedureIndictment SufficiencySex TraffickingProstitutionChild Sexual ExploitationStatutory InterpretationOverbreadth DoctrineFirst AmendmentScienterBill of Particulars
References
71
Case No. MISSING
Regular Panel Decision

Cherry v. Koch

Plaintiffs Margo St. James and Fred Cherry sought a declaratory judgment challenging the constitutionality of New York Penal Law §§ 230.00 and 230.03, which prohibit prostitution and patronizing prostitutes, respectively. The Supreme Court, Kings County, dismissed the complaint for failure to state a cause of action, a decision affirmed on appeal. The appellate court held that the plaintiffs failed to present a justiciable issue because they could not demonstrate actual or threatened injury from the enforcement of these statutes, nor a reasonable fear of future prosecution. Consequently, the plaintiffs lacked standing to sue. The court modified the lower court's order by deleting the provision that addressed the merits of the constitutional challenge, affirming the dismissal of the complaint.

JusticiabilityStanding to SueDeclaratory JudgmentConstitutional ChallengePenal Law Sections 230.00Penal Law Sections 230.03ProstitutionPatronizing ProstitutesPrivacy RightsDue Process
References
29
Case No. MISSING
Regular Panel Decision

Deblo, Inc. v. State

This case is an appeal from a trial court order granting a temporary injunction against appellants for maintaining a public nuisance at 166 West Mount Houston, Harris County, Texas. The trial court found appellants were using the property for prostitution and ordered it closed or a $5,000 bond posted. Appellants argued that padlocking premises is only permissible after a trial on the merits, not a temporary order. The appellate court affirmed the trial court's decision, finding no abuse of discretion. The court highlighted that an alternative (posting a bond) was offered and the injunction only prevented illegal use, not legitimate use of the property. Additionally, the court found sufficient evidence to support the trial court's findings of fact regarding the property being used for prostitution.

Nuisance AbatementTemporary InjunctionPublic NuisanceProstitutionAbuse of DiscretionAppellate ReviewTrial Court OrderPadlocking OrderBond RequirementFactual Sufficiency
References
12
Case No. CPL article 440 motion
Regular Panel Decision
Apr 01, 2011

People v. G.M.

Defendant G.M. moved to vacate six convictions—two for prostitution, two for criminal trespass, and two for drug possession—which occurred between September 1997 and January 1998. G.M. contended she was a victim of human trafficking and severe domestic abuse by her husband, D.S., who forced her into illegal activities under threat of violence. The New York State Legislature amended Criminal Procedure Law § 440.10 in August 2010, allowing sex trafficking victims to vacate prostitution-related convictions. The Queens County District Attorney's Office consented to G.M.'s motion for all six convictions, citing her truthful affidavit and the unique circumstances. On April 1, 2011, the court granted the motion, vacating all judgments of conviction and dismissing the accusatory instruments, recognizing G.M.'s status as a trafficking victim, which was also recognized by a federal agency that granted her a 'T Visa'.

Human TraffickingSex TraffickingVacatur of ConvictionsCriminal Procedure Law § 440.10Prostitution OffensesCriminal TrespassDrug PossessionDomestic ViolenceCoercionAbuse
References
14
Case No. MISSING
Regular Panel Decision

Tisdale v. State

Brenda Tisdale appealed her conviction for prostitution under Texas Penal Code Ann. § 43.02(a)(1). She challenged the statute's constitutionality, arguing it violated her right to privacy and was unconstitutionally overbroad. The court reviewed Supreme Court precedents on these constitutional challenges. It ultimately affirmed the trial court's judgment, finding the statute was constitutional and Tisdale's conduct fell within its legitimate scope.

ProstitutionConstitutional LawRight to PrivacyOverbreadthTexas Penal CodeCriminal AppealFirst AmendmentDue ProcessSexual ConductCommercial Sex
References
17
Case No. MISSING
Regular Panel Decision

Webb v. Schlagal

Buddy Wayne Webb appealed a lifetime protective order granted to his ex-wife, Lori Beth Sehlagal, and her minor daughter in Midland County, Texas. The order was based on allegations of stalking, stemming from Webb's delusional behavior, including accusations of Schlagal's involvement in a prostitution ring, his mother's death, and a self-inflicted gunshot wound. Webb argued legal and factual insufficiency of evidence, and violations of his First and Second Amendment rights. The appellate court affirmed the protective order, finding sufficient evidence of stalking and that the order did not unconstitutionally infringe upon his rights, applying intermediate scrutiny due to his dangerous conduct.

StalkingProtective OrderFirst Amendment ChallengeSecond Amendment ChallengeConstitutional LawSufficiency of EvidenceDelusional BehaviorDomestic ViolenceFirearm RightsAppellate Law
References
59
Case No. 07-06-0385-CV
Regular Panel Decision
Feb 22, 2008

Paul Martin Clark and Black Citizens for Justice, Law and Order, Inc. v. Gladys Elaine Blanton Jenkins

Paul Martin Clark and Black Citizens For Justice, Law and Order, Inc. appealed a judgment rendered in favor of Gladys Elaine Blanton Jenkins in a libel action. Appellants argued that defamatory statements against Jenkins were absolutely privileged and that there was insufficient evidence to establish actual malice. The statements, contained in a memorandum to a U.S. Congressman and the DOJ, falsely accused Jenkins, an Athens City Council member, of being a convicted felon for prostitution and drugs and demanded her immediate removal from office. The Court of Appeals affirmed the trial court's decision, concluding that the statements were subject only to a qualified privilege and that there was clear and convincing evidence that Clark acted with actual malice.

LibelDefamationActual MaliceQualified PrivilegeAbsolute PrivilegeTexas ConstitutionFirst AmendmentPetition ClausePublic FigureFreedom of Speech
References
58
Case No. 01-24-00279-CR
Regular Panel Decision
Apr 29, 2025

Sohrab Mehdi v. the State of Texas

Sohrab Mehdi was convicted of solicitation of prostitution after a bench trial and sentenced to two years' imprisonment, suspended for three years of community supervision. He appealed, arguing insufficient evidence. The conviction stemmed from an undercover operation at an illicit massage spa where Mehdi, during a second visit, paid $100 for services, which an officer implied included sexual acts. Mehdi subsequently engaged in physical contact and nodded in agreement when asked about using a condom for specific sexual acts. The appellate court affirmed the trial court's judgment, concluding that a rational factfinder could find Mehdi knowingly agreed to pay for sexual conduct, distinguishing the case from prior rulings concerning additional fees for sexual services.

Solicitation of ProstitutionUndercover OperationBench TrialSufficiency of EvidenceCriminal ConvictionFort Bend CountyTexas Court of AppealsDemand SuppressionSexual ConductNon-verbal Communication
References
16
Case No. 09 Civ. 9693, 09 Civ. 0694, 09 Civ. 9695
Regular Panel Decision
Jun 17, 2010

Crosby v. City of New York

The District Attorney's Office of New York County (DANY), a non-party, moved to quash portions of three subpoenas served by plaintiffs in civil-rights actions. Plaintiffs allege their arrests for prostitution by the NYPD were baseless and part of an unconstitutional City program to pursue nuisance abatement lawsuits. The Court granted in part and denied in part DANY's motion to quash. It ordered the disclosure of various documents from DANY's Official Corruption Unit and Trial Division investigative files, with specific redactions to protect the identities of undercover officers and non-plaintiff arrestees. The Court largely overruled DANY's objections based on state sealing laws and attorney work-product privilege, emphasizing the federal interest in broad discovery.

Prostitution arrestsPolice misconductSubpoenaWork-product privilegeSealing of recordsCivil rightsNuisance abatementFederal questionDiscoveryRedaction
References
55
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