Search for: "People v. Hernandez"
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27 Jun 2017, 11:23 am by Andrew Kent
During a back-and-forth on Lawfare with Steve Vladeck a few months ago, I suggested that Hernandez v. [read post]
2 Jan 2017, 11:46 am by Andrew Kent
My recent post on the top-side briefing in Hernandez v. [read post]
30 Jan 2018, 7:47 pm by Stephen Bilkis
The question before the court is whether the people have established through clear and convincing evidence that the defendant was a stranger to the victim at the time of the rape. [read post]
9 Nov 2009, 4:38 pm
Hernandez was convicted, and the Court of Appeal initially affirmed the conviction. [read post]
7 Jun 2009, 1:53 am
We thus "may presume that the matter was properly before that court" (People v Chad S., 237 AD2d 986, lv denied 90 NY2d 856; see People v Hurd, 12 AD3d 1198, 1199, lv denied 4 NY3d 764).But in both People v Chad S. (237 AD2d 986) and People v Hurd (12 A.D.3d 1198) the Court had found that "the record fails to establish that defendant did not waive a preliminary hearing, that a hearing was not held, or that the… [read post]
2 Jul 2007, 9:35 am
Last week, the First Department reversed yet another depraved indifference murder conviction in People v Hernandez, 2007 NY Slip Op 05653. [read post]
1 Nov 2017, 4:50 pm
 The fact that he's been convicted of fraud for this exact injury doesn't deprive him of the right to get benefits if he can prove that, despite his criminal fraud, he's still a "little bit" injured (although not in the way that he previously defrauded people).I'm not saying that's right or wrong. [read post]
17 Jul 2009, 11:04 am
I would have thought that everyone could agree that you can't let the jury see a uniformed and armed bailiff following the defendant in a criminal case wherever he goes -- at least if there's not an actual security risk. [read post]
30 Mar 2009, 10:40 am
Justice McIntyre (and the rest of the panel) is totally right in this one. [read post]
30 Jul 2014, 9:31 am
I don't know all that much about Anders/Wende briefs. [read post]
7 Sep 2008, 8:45 am
  So far, so good.In 2006, the California Supreme Court held in People v. [read post]