Search for: "State v. McKinney" Results 301 - 320 of 447
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20 Oct 2011, 7:08 pm by Brian Shiffrin
Attorney's Off. v William T. (2011 NY Slip Op 07339 [3d Dept 10/20/11]) the Appellate Division, Third Department reversed a County Court order which granted an ex parte application, made on behalf of the prosecutor and police department involved in a pending out of state prosecution, to unseal the records from a dismissed and sealed prior case for use in the pending criminal proceedings. [read post]
7 Oct 2011, 8:05 am by SHG
Furthermore, prohibition is never available merely to correct or prevent a mistake, error in procedure, or error in substantive law (see Matter of Oglesby v McKinney, 7 NY3d at 565; Matter of Morgenthau v Altman, 58 NY2d at 1058), even when such errors may be "grievous" (La Rocca v Lane, 37 NY2d at 579), or "egregious" (Matter of State of New York v King, 36 NY2d at 62). [read post]
19 Sep 2011, 3:31 am by Russ Bensing
Hawkins-McKinney… Although I give the 6th a hard time in a sentencing decision (see below), it makes up for it with an excellent decision in State v. [read post]
15 Aug 2011, 3:47 am by Russ Bensing
McKinney, 5th District holds that speedy trial on latter OVI charge did not begin to run until time of charge, not time of arrest… In State v. [read post]
This effective racial segregation led to the same types of separate and unequal schools held unconstitutional in the 1954 Brown v. [read post]
10 Mar 2011, 11:39 am by Layla Kuhl
In lieu of granting leave to appeal the Court reversed the Court of Appeals in People v McKinney, concluding that the defendant’s statement that he would “just as soon wait” until he had an attorney before talking to the police, followed immediately by his statement that he was willing to discuss the “circumstances,” was not an unequivocal assertion of the right to counsel or a statement declaring an intention to remain silent under Davis v… [read post]