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29 Mar 2019, 5:23 am by SHG
The Second Circuit smacked it down in Copeland v. [read post]
9 Sep 2019, 9:03 am by Rory Little
But increasingly, Justice Hugo Black’s theory of “total incorporation” seems, except for the Sixth Amendment’s grand jury clause, virtually complete. [read post]
14 Aug 2014, 1:24 pm by Stephen Bilkis
Defendant acknowledges that this claim was rejected by the First Department in People v Ferrer but argues, inter alia, that the decision is so conclusory that it cannot act as a barrier to consideration by this Court. [read post]
3 Apr 2012, 5:27 pm by Brian Shiffrin
The Court wrote thatEven when viewed in the "totality" of the representation provided defendant, defense counsel's failure to object to any, let alone all, of the prosecutor's egregiously improper departures during summation, particularly in the highly charged, potentially outcome determinative context in which they occurred, deprived defendant of the right to effective assistance of counsel (see People v Baldi, 54 NY2d 137, 146-147 [1981]). [read post]