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11 Nov 2016, 9:53 am by New York Criminal Defense
Early last week the Court of Appeals reversed a decision of the First Department which held that the rule of law announced in People v Catu applies retroactively to pre-Catu convictions (People v Smith, 132 AD3d 511 [1st Dept 2015]) -- a decision I had labeled a "huge success for the criminal defense bar" in an October blog post.In People v Catu, the New York Court of Appeals held that the court must advise a… [read post]
14 Oct 2009, 12:12 pm
Smith, an important Fourteenth Amendment Due Process Clause property rights case that was heard by the Supreme Court today: Today, the Supreme Court hears Alvarez v. [read post]
9 Jul 2007, 10:36 am
I'm no fan of people who molest their 13-year old stepdaughter. [read post]
14 Sep 2014, 2:29 pm by Stephen Bilkis
The defendant cites People v Smith, which, in effect, held that if corroboration was required to convict defendant at the trial, such corroboration was also needed at a preliminary hearing. [read post]
30 Sep 2009, 10:27 am
But if Smith's guilty and my wife isn't, then theft is not a lesser included offense, since Smith would be guilty since he used forced but wouldn't be guilty if he didn't use force. [read post]
30 Oct 2020, 2:16 pm by Lindsay See
Several weeks later, it denied a similar request involving Nevada’s directive capping religious gatherings at 50 people in Calvary Chapel Dayton Valley v. [read post]