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14 Jun 2011, 5:48 pm by Brian Shiffrin
In People v Lopez (16 NY3d 375 [2/22/11]) the Court of Appeals held that anofficer who wishes to question a person in police custody about an unrelated matter must make a reasonable inquiry concerning the defendant's representational status when the circumstances indicate that there is a probable likelihood that an attorney has entered the custodial matter, and the accused is actually represented on the custodial charge. [read post]
13 Jun 2011, 11:59 am
  But I can see why the Court of Appeal would hold that there was no evidence of negligence when the SWAT team accidentally kills the hostage, a 19-month old baby girl. [read post]
4 Jun 2011, 8:06 pm by Dwight Sullivan
  The accused at that point could file a cert petition arguing that the Lopez de Victoria dissent and the Acting SG in Denedo were right and that CAAF has no jurisdiction to review a CCA ruling on an Article 62 appeal. [read post]
25 May 2011, 11:53 am by clee
  The lawsuit is currently on appeal before the United States Court of Appeals for the District of Columbia Circuit. [read post]
8 May 2011, 8:06 am by Brian Shiffrin
Thus, defendant's plea allocution in fact negated the element of intent, and the court should not have "accept[ed] the plea without making further inquiry to ensure that defendant [understood] the nature of the charge and that the plea [was] intelligently entered" (Lopez, 71 NY2d at 666). [read post]
23 Apr 2011, 6:06 am by Gritsforbreakfast
" The Court of Criminal Appeals recently approved his habeas corpus writ based on "actual innocence" grounds, and he's filed a civil rights lawsuit (pdf) in federal court. [read post]
1 Apr 2011, 5:15 pm
He is now appealing to the higher court to retain custody of the child in spite of this evidence. [read post]
30 Mar 2011, 2:41 pm by Mike
If denied again, the claimant can appeal to the Appeals Council. [read post]
27 Mar 2011, 10:00 pm by Keith Rizzardi
” See Lopez, 514 U.S. at 561; Morrison, 529 U.S. at 610. [read post]
19 Mar 2011, 8:34 am by mjpetro
For the full opinions visit the 7th Circuit Court of Appeals Web Site For more about Chicago Federal Criminal Defense Attorney Michael J. [read post]