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20 May 2015, 1:58 pm
95 N.Y.2d 368 740 N.E.2d 1075 718 N.Y.S.2d 1 THE PEOPLE OF THE STATE OF NEW YORK, Respondent-Appellant, v. [read post]
15 Apr 2015, 11:19 am
95 N.Y.2d 368 740 N.E.2d 1075 718 N.Y.S.2d 1 THE PEOPLE OF THE STATE OF NEW YORK, Respondent-Appellant, v. [read post]
2 Jan 2012, 8:11 am
The Court of Appeals has repeatedly held that a prospective juror with actual bias, such as an opinion that the defendant is guilty, is qualified to serve on a jury as long as gives an unequivocal assurance she can be fair and impartial (People v Nicholas, 98 NY2d 749, 751 [2002]; People v Arnold, 96 NY2d 358, 362 [2001]; People v Johnson, 94 NY2d 600, 614 [2000]). [read post]
30 Oct 2023, 4:00 am
See Leser v. [read post]
15 Nov 2019, 6:13 pm
Patricia Schmitz v. [read post]
24 May 2015, 3:22 pm
The complete failure to plead an element of a crime is a nonwaivable jurisdictional defect (see People v Casey, 95 NY2d 354, 356 [2000]; Alejandro, 70 NY2d at 137-138). [read post]
24 May 2015, 3:22 pm
The complete failure to plead an element of a crime is a nonwaivable jurisdictional defect (see People v Casey, 95 NY2d 354, 356 [2000]; Alejandro, 70 NY2d at 137-138). [read post]
5 Nov 2008, 8:27 pm
[Note: As an associate at Steptoe & Johnson from 1998-2000, Amy represented USEC in several proceedings but was not involved in the federal court proceedings in this case.] [read post]
1 Oct 2018, 7:40 pm
” If a juror’s statements during voir dire raise a doubt about his impartiality, such as statements that he has a pre-formed opinion about the case, that juror cannot be permitted to sit unless he states unequivocally that he can be fair and decide the case solely on the evidence adduced at trial (People v Johnson, 17 NY3d 752, 753 [2011]; People v Chambers, 97 NY2d 417, 419 [2002]; People v Arnold, 96 NY2d 358, 362-363… [read post]
21 Aug 2015, 6:20 am
The authors of the report observed that the Supreme Court’s decision in National Federation of Independent Business v. [read post]
29 Dec 2012, 8:55 am
People v. [read post]
23 Mar 2012, 8:11 am
Johnson & Johnson, Inc., No. 35 WAP 2010, slip op. [read post]
26 May 2015, 2:00 pm
People v Phelps, 268 AD2d 692, 692-693 [3rd Dept 2000] [where the defendant inflicted physical injuries upon his daughter by striking her with his hand and/or a belt as a form of corporal punishment, Endangering the Welfare of a Child was an appropriate charge]). [read post]
20 Dec 2013, 6:17 am
See, e.g., Johnson v. [read post]
26 May 2015, 2:00 pm
People v Phelps, 268 AD2d 692, 692-693 [3rd Dept 2000] [where the defendant inflicted physical injuries upon his daughter by striking her with his hand and/or a belt as a form of corporal punishment, Endangering the Welfare of a Child was an appropriate charge]). [read post]
4 Feb 2020, 12:41 pm
We should respond that these questions address the ability of a potential juror to be fair and impartial, an area of inquiry in which a trial court is more apt to commit error (see CPL § 270.20[1][b]; People v Arnold, 96 NY2d 358 [2001]; People v Johnson, 94 NY2d 600 [2000]; People v Lewis, 71 AD3d 1582 [4th Dept 2010]; People v Habte, 35 AD3d 1199 [4th Dept 2006]). [read post]
30 Jul 2008, 8:09 pm
On July 29, the Missouri Court of Appeals for the Western District upheld the verdict in Johnson, et al. v. [read post]
7 Jun 2008, 6:38 pm
People v. [read post]
10 Jan 2012, 7:57 am
People v. [read post]
2 Jul 2022, 11:10 am
In the case of Mesić v. [read post]
