Search for: "Garcia v. New York State Police Investigator" Results 41 - 46 of 46
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1 Dec 2008, 9:18 pm
Prelesnik, No. 072522 In conviction for second degree murder, grant of writ of habeas corpus for ineffective counsel is affirmed where: 1) potential alibi witnesses coupled with an otherwise weak case rendered the failure to investigate the testimony sufficient to "undermine confidence" in the outcome of the jury verdict; and 2) the state appellate court's application of Strickland v. [read post]
3 Nov 2008, 7:03 pm
Garcia-Ruiz, No. 07-51269 Conviction for reentry into the U.S. as a deported alien is affirmed over an objection that police lacked reasonable suspicion to stop and detain defendant, where defendant had mooted the issue by stipulating to facts establishing all the elements of the charged crime. .. [read post]
14 Apr 2008, 11:34 am
Bonilla, No. 06-40894 A sentence for being unlawfully present in the United States after deportation is affirmed where: 1) although the district court erred in applying a sixteen-level crime-of-violence enhancement based on defendant's conviction for attempted manslaughter under New York Penal Law section 125.15; 2) nevertheless, because the district court imposed an alternative non-guideline sentence, the advisory sentence did not result from the guideline error and… [read post]
27 Aug 2007, 3:00 am
Submitted by: Theodore Pollack, Senior Law Librarian, New York County Public Access Law Library. [read post]