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10 Feb 2011, 4:42 pm by Brian Shiffrin
"[T]rial counsel's duty of effective assistance includes the responsibility to advise the defendant concerning the exercise of [the] constitutional right" to testify at trial (Brown v Artuz, 124 F3d 73, 74, cert denied 522 US 1128; see People v Carpenter, 52 AD3d 729, lv denied 11 NY3d 830; People v Perry, 266 AD2d 151, 152, lv denied 95 NY2d 856). [read post]
27 Feb 2020, 4:40 am by Andrew Lavoott Bluestone
Sultan v Zhu 2020 NY Slip Op 01285 Decided on February 25, 2020 Appellate Division, First Department is the story of a group of people living in a small condominium building. [read post]
3 May 2014, 8:00 pm
Here is a brief summary of the report<http://www.citizen.org/concepcion-third-anniversary-corporate-wrongdoing-forced-arbitration-report>:“Cases That Would Have Been: Three Years After AT&T Mobility v. [read post]
11 Jul 2014, 3:33 am by Timothy P. Flynn
 The consolidated cases decided this week by the Michigan Supreme Court, known as People v Carp, et al, squarelyaddressed the narrow issue of whether the SCOTUS ruling in Miller should be applied retroactively.If Miller's ban on mandatory life sentences for juveniles is applied retroactively, then the 350 juvenile lifers in MDOC prisons would have a shot at parole. [read post]
9 Mar 2009, 9:12 am
I know the East Coast Republican's are bitterly disappointed over Wyeth v Levine as 8 years of Bush court policy was counted on to win the preemption case, but the judges in a 6-3 decision ended that hope. [read post]
3 May 2011, 4:11 pm by Julie Lam
In VanDussen v Court of Appeals, the Michigan Supreme Court directed the Court of Appeals to “articulate the reason why ‘the fair administration of justice’ warrants the denial of plaintiff’s request to film oral argument on May 10, 2011” in People v Anderson, COA No. 300641, a medical marijuana case. [read post]
10 Feb 2023, 12:33 pm by Jennifer Dalven
The case was filed by an organization known as Alliance Defending Freedom (ADF), which has been labeled a hate group, and helped write the Mississippi law which the Supreme Court used to overturn Roe v. [read post]
3 Jan 2009, 4:22 am
Although the People contend that defendant never demanded that the Sheriff's Deputy leave, we conclude under the circumstances of this case that, without more, the failure to demand that the Sheriff's Deputy leave did not amount to "a true act of the will[ or] an unequivocal product of an essentially free and unconstrained choice" (People v Gonzalez [read post]
8 Mar 2013, 9:53 am by Nasir Pasha, Esq.
At the end of each day, Quickly keeps all the fares from the people he picked up during the day. [read post]
30 Jun 2021, 7:14 pm by Eric Goldman
In other words, people who try to cloak censorial regulations as pro-free speech are actually trampling on the Constitution. [read post]
On Monday, June 3rd, the Court kicked off the month by ruling on two cases, one of which – Maryland v. [read post]