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6 Oct 2008, 7:06 pm
Since counsel framed the claim exclusively in therms of the United States Constitution that Copurt applied the federal test for IAC set forth in Strickland v Washington (466 US 668); see People v McDonald, 1 NY3d 109, 114-115).On appeal Ms. [read post]
9 May 2017, 11:45 am
The reforms here in New York arose in response to a settlement between the NYCLU, Schulte Roth & Zabel LLP, and New York state in the lawsuit Hurrell-Harring v. [read post]
1 May 2007, 11:39 am
There's still the petition for certiorari, the state habeas proceedings, and the (potentially multiple) federal habeas rounds. 17 years and the process has, in essence, only just begun. [read post]
16 Mar 2009, 11:26 am
Everything I say above goes double if you came to the United States from South Korea as a young child. [read post]
13 Apr 2007, 12:36 pm
But are you also guilty of the (much bigger) felony offense of bringing drugs into jail in violation of Penal Code sect. 4573, which states that "Except when otherwise authorized . . . any person who, knowingly brings or sends into, or knowingly assists in bringing into, or sending into, any state prison . . . or into any county . . . jail . . . any controlled substance . . . is guilty of a felony. . . . [read post]
22 Dec 2020, 1:37 pm by Katherine E. Dullea
In a landmark decision published last week, Massachusetts Coalition for the Homeless v. [read post]
17 May 2018, 1:06 pm by Blake Marcus
Coupled with the United States Supreme Court’s decision in Illinois v. [read post]
8 May 2014, 11:32 am
Most people know that Tennessee is a "right to work" or "at will" employment state. [read post]
29 Aug 2012, 12:35 pm
  Castrillon agreed to organize the smuggling of 100 kilos of marijuana, worth $70,000 to $100,000, from Tijuana to the United States. [read post]
5 Jun 2014, 8:07 am by Second Circuit Civil Rights Blog
The State Court of Appeals sustains some of these convictions, but it does something that courts have threatened to do for years: it strikes down the Aggravated Harassment law as unconstutitional.The case is People v. [read post]
12 Feb 2015, 12:29 pm
 One of the classic stories he would often recount related to how law often remained unchanged in Virginia, the state in which he lived and practiced law. [read post]
14 Jul 2021, 1:17 pm
  During all of this, the police made clear that the defendant was "free to leave" if he wanted, and thus didn't advise him of any of his Miranda rights -- which might have made him more suspicious of the officers' claims that they were simply looking out for his welfare and seeking to "understand" why he did what he did and ostensibly put it in the best possible light.It was a masterful manipulation of someone's psychological state. [read post]