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3 Jun 2022, 4:30 am by Eric Segall
Martinez Ramirez to allow Arizona to put to death two men who alleged ineffective assistance of counsel at both the trial and post-conviction stages of their journeys through the state court system. [read post]
30 May 2022, 8:17 am by John Floyd
  In 2012, the Supreme Court issued a 7-2 majority landmark decision (one hotly contested by Justices Clarence Thomas and Antonin Scalia) in Martinez v. [read post]
24 May 2022, 4:07 am by SHG
In a pair of decisions about a decade ago — Martinez v. [read post]
6 May 2022, 4:12 am by Andrew Lavoott Bluestone
“The amended complaint states a cause of action for legal malpractice and the documents submitted do not utterly refute the factual allegations underlying that cause of action (see generally Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Goshen v Mutual Life Ins. [read post]
23 Apr 2022, 3:03 am by SHG
But Roman Martinez, a lawyer for Mr. [read post]
14 Apr 2022, 1:14 am by Orin S. Kerr
Martinez indicates through its various opinions that the Miranda violation is complete when a statement is wrongly admitted in violation of Miranda's rules; Dickerson v. [read post]
4 Apr 2022, 3:58 am by Andrew Lavoott Bluestone
On a motion to dismiss a complaint pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must afford the complaint a liberal construction, accept all facts as alleged in the complaint to be true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87). [read post]