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11 Nov 2016, 9:53 am by New York Criminal Defense
Early last week the Court of Appeals reversed a decision of the First Department which held that the rule of law announced in People v Catu applies retroactively to pre-Catu convictions (People v Smith, 132 AD3d 511 [1st Dept 2015]) -- a decision I had labeled a "huge success for the criminal defense bar" in an October blog post.In People v Catu, the New York Court of Appeals held that the court must advise a defendant of the post-release… [read post]
24 Apr 2024, 1:52 am by Yosi Yahoudai
After the state appealed, the Supreme Court allowed the law to go fully into effect in January. [read post]
15 Jul 2010, 12:17 pm
Supreme Court has made clear that '[t]he States enjoy no power with respect to the classification of aliens.' Plyler v. [read post]
7 Aug 2015, 11:30 am
Miles Laboratories, Inc., 927 F.2d 187, 191 (4th Cir. 1991) (applying Maryland law); Brooks v. [read post]
13 Jun 2006, 8:06 am by Tobias Thienel
Nevertheless, where state secrets are not disclosed to a court of law because of these interests, the resulting state of affairs is ‘tantamount to a removal of the court’s jurisdiction by executive ipse dixit’ (i.e. by the executive branch’s own say-so: Devenney v. [read post]
13 Jun 2017, 8:00 am by Dan Ernst
A v Secretary of State for the Home Department [2005]: The Belmarsh CaseRichard Clayton9. [read post]
18 Feb 2019, 1:05 am by Walter Olson
Supreme Court could help rein in the administrative state by overruling Auer v. [read post]