Posts by ETKSadmin

Brian Shiffrin comments on 4th Dept case concluding that new science about “shaken-baby injuries” constitutes newly discovered evidence

Posted by on 6:56 pm in Firm News | 0 comments

The Fourth Department’s recent decision in People v Bailey is the first appeals case in New York to conclude that new scientific findings about shaken-baby injuries constitute the type of newly discovered evidence that could overturn a conviction. Brian Shiffrin of ETKS is quoted saying, in part, “It makes it both easier for defense attorneys to argue the science and it puts the burden back on prosecutors to show there is evidence to support...

read more

People v Catu does not apply retroactively

Posted by on 5:53 pm in Blog | 0 comments

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 defendant...

read more

Fourth Department orders hearing on defense claims

Posted by on 7:32 pm in Firm News | 0 comments

ETKS Partner, Brian Shiffrin,  filed a 440 motion to set aside the verdict convicting Jenise Haddad-Smith of Attempted Second Degree Murder. The prosecution claimed Haddad-Smith cut her husband’s neck while he was lying in bed in March 2010. *  *  *  * After being cut, Todd Smith was able to get outside where he yelled in the street that she had stabbed him. Police found Haddad-Smith inside with allegedly self-inflicted stab wounds, including an...

read more

Bill Easton appointed Richard Wilbern’s capital defender Wednesday

Posted by on 1:56 pm in Firm News | 0 comments

Easton was brought onboard as Wilbern’s capital defender Wednesday. Easton said a federal death penalty prosecution is extremely rare. He added it’s a good sign local prosecutors expedited the review, saying it could mean they don’t feel it’s a capital crime, but regardless, Easton said his work starts now. “I’ll defend him as if his life were at issue, which it is,” Easton said. Read the TWC News article...

read more

Robert Forbes Jr., represented by Larry Kasperek, found not guilty of August 2012 homicide

Posted by on 1:46 pm in Firm News | 0 comments

Forbes was charged with second-degree murder almost two years after the homicide. . . . Forbes’ attorney, Lawrence Kasperek, said there was no physical evidence against Forbes, only testimony from individuals who claimed Forbes admitted the crime to them. Kasperek said he thinks the jury did not find them credible. *  *  *  * “They had no objective evidence whatsoever connecting my guy to the crime,” said Kasperek, of the Easton, Thompson, Kasperek, Shiffrin...

read more
Page 2 of 231234...1020...Last »