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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]
25 Oct 2009, 4:33 pm
Smith, where six people allege that police use of the Illinois Drug Asset Forfeiture Procedure Act violated their right to due process under the Fourteenth Amendment. [read post]
7 Apr 2017, 11:46 am
 It rejects defendant's arguments on appeal quickly, easily, and with the precision of a surgeon.The basic underlying facts are that some people crept into an outdoor marijuana garden in the middle of the night, the owner confronted them, the invaders fled, and the owner ran after them. [read post]