Search for: "WHITLEY v. NEW YORK" Results 1 - 13 of 13
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7 Jun 2011, 7:34 am by Sandy
On appeal, however, the Second Circuit held that the issue had not been raised and preserved before the trial court and was procedurally defaulted under New York law.The decision in Whitley v. [read post]
26 Mar 2011, 12:33 pm by Brian Shiffrin
VILARDI, 76 NY 2D 67 – (Failure of prosecutor to turn over exculpatory report of arson investigator) Court reviews history of Brady and its progeny at Federal level, and finds New York grants greater protection to defendants if there is a specific request for Brady material. [read post]
5 Mar 2009, 11:32 am
Here is how the opinion starts: Leon Williams appeals from a June 1, 2007, judgment of conviction and sentence of the United States District Court for the Southern District of New York (Sand, J.). [read post]
27 Aug 2008, 3:31 pm
Bd. of Education of City of New York, No. 064715p.pdf "The question of whether a biological and non-custodial parent of a disabled child has standing to sue under the Individuals with Disabilities Act, is certified where plaintiff's standing turns on a question of New York law that has not been addressed by the New York Court of Appeals. [read post]
17 Mar 2009, 5:45 am
Well, following up on my post of March 12, the Second Circuit (Judges Pooler, Hall, and Trager, of the Eastern District of New York) has held that a mandatory minimum sentence under 18 U.S.C. [read post]
6 Dec 2009, 6:04 am by Donald Thompson
This argument is unsupported by and directly contrary to over 30 years of New York State and federal law (Youngblood v. [read post]
7 May 2010, 1:09 pm by Erin Miller
Vilardi (1990), for example, New York’s highest court noted that the Agurs standard is a “clear rule that properly encourages compliance” with the prosecutions constitutional obligations. [read post]
23 May 2017, 12:40 pm by Jordan Brunner, Chris Mirasola
In summarizing what happened, we’re experimenting with a new format. [read post]
17 Jul 2015, 7:39 am
After we vacated the conviction and gave Arizona a chance to re-try Milke, the Arizona Court of Appeals barred any re-trial in an opinion so scathing it made the New York Times. [read post]
19 Jul 2010, 3:37 pm by Steven M. Taber
Motz, to felony obstruction of justice charges and violation of the Act to Prevent Pollution from Ships related to concealing deliberate vessel pollution from the M/V Iorana, a Greek flagged cargo ship that made port calls in Baltimore, Tacoma, Wash., and New Orleans. [read post]