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3 Sep 2008, 6:38 pm
They contend that an arrest does not occur until the handcuffs are on the defendant - and that usually does not occur until after the field sobriety tests. [read post]
29 May 2011, 8:38 pm
Allen does not involve a white collar offense, it is important because it touches on a person's Fifth Amendment right to remain silent at trial. [read post]
17 Oct 2013, 7:00 am
TCYK indicates in its complaint that it used geolocation technology to determine that the Doe Defendants were located in Indiana. [read post]
8 Mar 2024, 8:56 am
The Circuit rejected this argument, “reiterat[ing] the well settled rule that a defendant’s guilty plea …The post Mistaken Expectation of a Lower Sentence Does Not Render Guilty Plea Involuntary or Unintelligent. appeared first on Federal Defenders of New York Blog. [read post]
13 Feb 2013, 6:01 pm
With Chief Judge Lippman dissenting, the Court explained that the mandatory nature of the consecutive sentencing does not render that a direct, and not collateral consequence of the plea.That a court is not so obligated, does not mean that defense counsel has no obligation to inform his client of the mandatory consequence of his plea. [read post]
23 Nov 2012, 9:39 am
The purpose of the statute of limitations in a criminal case is to force the state to prosecute their case quickly so that a defendant does not have to defend his/her case after a long period of time when memories fade, evidence is lost and witnesses are difficult to find. [read post]
21 Dec 2011, 5:55 am
The New York Court of Appeals held yesterday that the New York Blue Sky Law (Martin Act) does not preempt common law claims involving securities. [read post]
24 May 2012, 6:51 pm
I applaud Lantos and Meadow for defending the slow code (or at least the short code). [read post]
6 Oct 2008, 7:24 pm
In People v Tolliver (2008 NY Slip Op 07341 [4th Dept 10/3/08]), the Court reaffirmed that even a valid waiver of the right to appeal does not encompass defendant's challenge to the severity of the sentence where the defendant waived his right to appeal before Supreme Court advised him of the maximum sentence that could be imposed (see People v Mingo, 38 AD3d 1270, 1271; see generally People v Lococo, 92 NY2d 825, 827). [read post]
12 Aug 2010, 5:29 am
we are satisfied that the record does not support the PCR court's finding that defendant was not denied his constitutional right to effective assistance of counsel when his attorney allegedly gave him erroneous advice that his guilty plea would not result in his deportation. [read post]
16 Mar 2012, 2:58 am
Judge Manning dismissed plaintiff Millenium TGA’s case against a Doe defendant identified by its computer IP address ("Doe") for lack of personal jurisdiction. [read post]
27 Apr 2016, 10:35 am
Once it does so, it can argue with sounder legal footing that it has a legal obligation to defend the Philippines’ “territories. [read post]
28 Oct 2016, 6:54 am
The fact that a public defender has 30 cases to work on in a day’s time coupled with inadequate pay means defendants may be allotted five minutes or so of the lawyer or defender’s time. [read post]
6 Jan 2017, 7:24 am
Does that matter? [read post]
22 Jan 2022, 8:30 pm
Virginia identification law does not require that the person observing the alleged crime in progress have a perfect vantage point. [read post]
16 Aug 2018, 11:20 am
Some jurisdictions go further and claim without first showing independent corroboration that a crime occurred, the prosecution does not have license introduce evidence of the defendant’s statement. [read post]
24 Dec 2007, 4:44 am
Plaintiff commenced a libel action based on the article and editorial, and the Second Department denied defendant's motion to dismiss, in Matovcik v. [read post]
6 Sep 2019, 2:22 pm
The Washington Supreme Court also noted that Old Chief held the prosecution does not have the right to present the evidence of its choosing when the issue is just the defendant’s status. [read post]
8 Jul 2016, 1:29 pm
Mecham that the Fourth Amendment does not authorize a defendant to refuse a roadside sobriety test. [read post]
8 Jul 2016, 1:29 pm
Mecham that the Fourth Amendment does not authorize a defendant to refuse a roadside sobriety test. [read post]
