Challenging the assumption that an innocent person would not plead guilty
I recently challenged on appeal the validity of my client’s guilty plea based on my client’s questionable mental capacity and ability to understand the plea bargaining process. Ignoring the import of my client’s diminished capacity, the prosecutor on appeal (in typical fashion) argued that “one could assume” my client would not have “readily” admitted to the offense in open court if he had not committed it. It is remarkable that this argument is still...
read moreAnother appellate victory for Brian Shiffrin in People v Lopez
Weapons conviction reversed due to unlawful stop of the vehicle Mr. Lopez was driving where there were discrepancies between the description of the suspect and the man the police had seen entering the vehicle. Read the full decision here....
read moreAppellate victory at the Court of Appeals for Brian Shiffrin
The state Court of Appeals reversed the conviction of Richard Leonard, who was found guilty of first-degree sexual abuse and illegally giving a child alcohol. The alleged victim in the 2007 incident in Parma was an 18-year-old girl. Leonard, 41, has maintained his innocence in the case. He served three years in prison, and has continued to pursue a reversal of his conviction. The Court of Appeals decision does not hinge on questions of...
read moreDonald Thompson featured on Speaking for Justice discussing rights of protesters
Available on Youtube...
read moreBrian Shiffrin secures new trial for client
An appeals court ordered a new trial for a man convicted of sexually abusing a child, saying a prospective juror related by marriage to the district attorney whose office prosecuted the case should have been excused for cause. The Appellate Division, Fourth Department, panel ruled unanimously in People v. Collins, 14-02296, that the trial judge, Craig Doran, erroneously denied the request from defendant Todd Collins to excuse the juror during Collins’ 2014 trial in...
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