A Simple Way to Insure That Applications for Leave to Appeal Exhaust All Federal Constitutional Claims Raised in the Intermediate Appellate Court
Applications for leave to appeal to the New York Court of Appeals from a decision and order of an intermediate appellate court affirming a conviction often focus on the issue or issues which are most likely to appear worthy of the attention of the Court of Appeals. As that Court’s website explains, those are significant and yet unresolved issues, such as those in in which the law is not well settled, or involve...
read moreThe Glass is 5/62 full – The New York Hurrell-Harring Settlement
by Jill Paperno, Esq.,author of Representing the Accused: A Practical Guide to Criminal Defense As criminal defense lawyers, and especially as public defenders, we are often a unique combination of optimism and pessimism. We become convinced that we will prevail at trial under impossible circumstances – and often we do. We are certain that the judge is out to get us, the prosecutor is holding back, or the police are not being truthful –...
read moreConsulting With An Expert in a Child Sex Case Is More Than A Good Idea
In child sex cases in which these is no corroboration for the child’s allegations, prosecutors frequently call a doctor to testify that the absence of any physical corroboration, even when the allegations are of years of anal or vaginal intercourse, is consistent with the allegations and do not undermine the complainant’s credibility. Without consulting with an expert defense counsel is unable to effectively cross-examine and/or respond to the testimony of the People’s medical expert....
read moreCustodial Interviews By Child Protective Workers and Miranda
A common practice after the arrest after an arrest for child sex crimes is for a Child Protective Services (CPS) Investigator to go the jail to interview the suspect regarding a CPS investigation of the same incident underlying the suspect’s arrest. In many cases the CPS Investigator does not read the suspect Miranda warnings or obtain a Miranda waiver before conducting these custodial interrogations. The ostensible rationale is that the CPS Investigators are...
read moreChange of Circumstances Is Not a Prequisite for an Applicaition to Reconsider Bail
by Jill Paperno, author of Representing the Accused: A Practical Guide to Criminal DefenseThere have been a number of recent occasions on which prosecutors have argued during bail applications that there is no change in circumstances, seemingly implying that a court cannot reconsider bail. Occasionally, this is argued in Part I during a bail review. Increasingly, it is argued at arraignments on indictment. Although a prosecutor may certainly make the argument in suggesting...
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