Eugene M. Fahey | |
---|---|
Associate Judge of the New York Court of Appeals | |
In office February 9, 2015 –December 31, 2021 | |
Appointed by | Andrew Cuomo |
Preceded by | Robert S. Smith |
Succeeded by | Shirley Troutman |
Personal details | |
Born | Buffalo,New York,U.S. | September 1,1951
Political party | Democratic |
Other political affiliations | Conservative (1993) |
Education | University at Buffalo (BA,JD,MA) [1] |
Eugene M. Fahey (born September 1,1951) is an American judge who served as an Associate Judge of the New York Court of Appeals from 2015 to 2021. [2] [3]
Born in Buffalo,New York,Fahey attended St. Joseph's Collegiate Institute in the Town of Tonawanda,and received a Bachelor of Arts (cum laude) from State University of New York at Buffalo in 1974,and was elected to the Buffalo Common Council,serving from 1978 to 1983. He received a Juris Doctor from SUNY Buffalo Law School in 1984, [3] and was then a law clerk to New York Court of Claims Judge Edgar C. NeMoyer before entering private practice in 1985. [3] Fahey again served on the Buffalo Common Council from 1988 to 1994,and ran for Mayor of Buffalo in 1993,but was defeated in the Democratic primary by nearly a two-to-one margin by Anthony Masiello. [4] Fahey remained in the race as the Conservative Party candidate,but did not actively campaign,and received only a small proportion of the vote in the general election,also won by Masiello. [4]
Fahey was elected to Buffalo City Court in 1994,where he served for two years before being elected to New York State’s highest trial court,the New York Supreme Court,in 1996. There,he handled both civil and criminal matters. [5] He was notable for issuing a ruling in 2000 that the authority responsible for constructing the Peace Bridge had not properly completed the environmental impact assessment required to complete a twin-span bridge. The ruling effectively limited the bridge to one span. [5]
Governor George Pataki appointed Fahey to the Appellate Division,Fourth Department in December 2006. [5] Fahey served on the Appellate Division for over eight years,during which he wrote notable opinions:
In January 2015,Fahey was nominated to the New York State Court of Appeals by Governor Andrew M. Cuomo. The New York State Senate unanimously confirmed his nomination on February 9,2015. [11] Fahey retired from the court on December 31,2021,after reaching the constitutional mandatory retirement age of 70. [12]
In Davis v South Nassau Communities Hosp.,26 NY3d 563 [2015],Fahey concluded that "where a medical provider has administered to a patient medication that impairs or could impair the patient's ability to safely operate an automobile,the medical provider has a duty to third parties to warn the patient of that danger." [13]
In People v Otis Boone (30 NY3d 521 [2017]),Fahey wrote that because of the high error rate of eyewitness identifications,a trial court must caution a jury about the potential fallibility of an identification of a defendant by a person of a different race when the defendant asks for such an instruction. [14]
In Expressions Hair Design v Schneiderman,32 NY3d 382 [2018],Fahey explained that state law allows businesses to post different prices for customers paying with cash or check and customers paying with credit card. [15]
In Deutsche Bank Natl. v Flagstar Capital Mkts.,32 NY3d 139 [2018],Fahey wrote that parties to a contract cannot use certain language to "pause" the statute of limitations period. [16]
In People v Aleynikov,31 NY3d 383 [2018],Fahey wrote for the court when it upheld a defendant's criminal conviction for uploading proprietary source code to a computer server without authorization. [17]
In People v Wiggins,31 NY3d 1 [2018],Fahey explained that a delay between a defendant's arrest and plea exceeding six years violated constitutional speedy trial protections. [18]
In Matter of Nonhuman Rights Project,Inc. v Lavery,(31 NY3d 1054 [2018] [concurring]),Fahey concurred in the Court’s decision to deny an animal rights group’s motion for leave to appeal in a habeas corpus case brought on behalf of two confined chimpanzees,writing separately to explain:“The issue whether a nonhuman animal has a fundamental right to liberty protected by the writ of habeas corpus is profound and far-reaching. It speaks to our relationship with all the life around us. Ultimately,we will not be able to ignore it. While it may be arguable that a chimpanzee is not a 'person,' there is no doubt that it is not merely a thing.” [19]
In Williams v Beemiller,Inc. (33 NY3d 523 [2019] [dissent]),Fahey dissented from the court's decision that New York State courts cannot exercise "long arm" jurisdiction over out-of-state gun merchants who place firearms in the stream of commerce knowing that such weapons will be resold for illegal purposes in this state. [20]
In People v Cadman Williams (35 NY3d 24 [2020]),Fahey,writing for the court,held that a trial court must hold an evidentiary hearing (a "Frye hearing") before admitting DNA evidence derived from proprietary “black box”technology that cannot be reviewed by relevant independent experts and the scientific community at large. [14]
Fahey is married to Colleen Maroney-Fahey,and they live in Buffalo,New York. They have one daughter. [21]
The Appellate Division of the Supreme Court of the State of New York is the intermediate appellate court in New York State. The state is geographically divided into four judicial departments of the Appellate Division. The full title of each is,for example,the "Fourth Department" is "Supreme Court of the State of New York,Appellate Division,Fourth Judicial Department").
Lawrence v. Texas,539 U.S. 558 (2003),is a landmark decision of the U.S. Supreme Court in which the Court ruled that most sanctions of criminal punishment for consensual,adult non-procreative sexual activity are unconstitutional. The Court reaffirmed the concept of a "right to privacy" that earlier cases had found the U.S. Constitution provides,even though it is not explicitly enumerated. It based its ruling on the notions of personal autonomy to define one's own relationships and of American traditions of non-interference with private sexual decisions between consenting adults.
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. It is vested with unlimited civil and criminal jurisdiction,although in many counties outside New York City it acts primarily as a court of civil jurisdiction,with most criminal matters handled in County Court.
In law,a per curiam decision is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court acting collectively. In contrast to regular opinions,a per curiam does not list the individual judge responsible for authoring the decision,but minority concurring and dissenting opinions are signed.
The People v. Ronald Onofre,51 N.Y.2d 476,415 N.E.2d 936,434 N.Y.S.2d 947 (1980),was an appeal against New York's sodomy laws,decided in the New York Court of Appeals.
United States v. U.S. District Court,407 U.S. 297 (1972),also known as the now famous Keith Case,was a landmark United States Supreme Court decision that upheld,in a unanimous 8-0 ruling,the requirements of the Fourth Amendment in cases of domestic surveillance targeting a domestic threat.
Buffalo,New York's government is run by a democratically elected mayor and council of nine members.
Diarmuid Fionntain O'Scannlain is a senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit. His chambers are located in Portland,Oregon.
MANual Enterprises,Inc. v. Day,370 U.S. 478 (1962),is a decision by the United States Supreme Court which held that magazines consisting largely of photographs of nude or near-nude male models are not obscene within the meaning of 18 U.S.C. § 1461. It was the first case in which the Court engaged in plenary review of a Post Office Department order holding obscene matter "nonmailable."
Denise Louise Cote is a senior United States district judge of the United States District Court for the Southern District of New York.
James L. Dennis is an American lawyer,jurist,and former politician serving as a senior United States circuit judge of the United States Court of Appeals for the Fifth Circuit,with chambers in New Orleans,Louisiana.
Sergey Aleynikov is a former Goldman Sachs computer programmer. Between 2009 and 2016,he was prosecuted by NY Federal and State jurisdictions for the same conduct of allegedly copying proprietary computer source code from his employer,Goldman Sachs,before joining a competing firm. His first prosecution in federal court in New York ultimately resulted in acquittal by the United States Court of Appeals for the Second Circuit. The outcome of his second prosecution and trial in New York state court was a split verdict dismissed by court,which acquitted him on all counts. One count in that order of dismissal was later overturned by New York Court of Appeals,which took a very broad interpretation of the statute,and on recommendation of prosecutors he was sentenced to time served without punishment. The same New York Court of Appeals denied his petition to appeal on double jeopardy grounds. His story inspired Michael Lewis's bestseller Flash Boys.
South Carolina v. Catawba Indian Tribe,Inc.,476 U.S. 498 (1986),is an important U.S. Supreme Court precedent for aboriginal title in the United States decided in the wake of County of Oneida v. Oneida Indian Nation of New York State (1985). Distinguishing Oneida II,the Court held that federal policy did not preclude the application of a state statute of limitations to the land claim of a tribe that had been terminated,such as the Catawba tribe.
North Carolina v. Pearce,395 U.S. 711 (1969),is a United States Supreme Court case that forbids judicial “vindictiveness”from playing a role in the increased sentence a defendant receives after a new trial. In sum,due process requires that a defendant be “free of apprehension”of judicial vindictiveness. Time served for a new conviction of the same offense must be “fully credited,”and a trial judge seeking to impose a greater sentence on retrial must affirmatively state the reasons for imposing such a sentence.
United States v. Agrawal,726 F.3d 235,was a case heard in the United States Court of Appeals for the Second Circuit involving theft of trade secrets and intellectual property. The court upheld the conviction of Samarth Agrawal,former quantitative analyst at Paris-based bank SociétéGénérale S.A ("SocGen"),for stealing high-frequency trading code from SocGen and replicating proprietary software for New York-based hedge fund Tower Research Capital ("Tower").
International Refugee Assistance Project v. Trump,883 F. 3d 233,was a decision of the United States Court of Appeals for the Fourth Circuit,sitting en banc,upholding an injunction against enforcement of Proclamation No. 9645,titled "Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats",a presidential proclamation signed by President Donald Trump on September 24,2017. The proclamation indefinitely suspends the entry into the U.S. of some or all immigrant and non-immigrant travelers from eight countries. It is a successor to Executive Order 13769,entitled "Protection of the Nation from Terrorist Entry into the United States," which were also enjoined by the District Court of Maryland and the Fourth Circuit in a case decided in 2017 by the same name of International Refugee Assistance Project v. Trump,857 F.3d 554.
Madeline Singas is an American attorney and judge who serves as an associate judge of the New York Court of Appeals since 2021.
The Supreme Court of the United States handed down ten per curiam opinions during its 2019 term,which began October 7,2019 and concluded October 4,2020.
BP P.L.C. v. Mayor and City Council of Baltimore,593 U.S. ___ (2021),was a case in the United States Supreme Court dealing with matters of jurisdiction of various climate change lawsuits in the United States judicial system.
Shirley Troutman is an American lawyer and jurist who has served as an associate judge of the New York Court of Appeals since 2022. She served as an associate justice of the New York Supreme Court,Appellate Division from 2016 to 2022.
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