Posts by ETKSadmin

Rochester City Court Judge dismisses resisting arrest charge lodged against defendant, represented by ETKS associate Danielle Wild

Posted by on 1:54 am in Firm News | 0 comments

Following a pre-trial hearing, Rochester City Court Judge Ellen Yacknin agreed with defense counsel (ETKS associate Danielle Wild) that law enforcement had no lawful basis to detain, let alone arrest, the defendant.  In a decision issued August 31st, Judge Yacknin wrote, “Sergeant Leckinger lacked the reasonable suspicion of criminality necessary to forcibly detain defendant when he did so. Accordingly, any evidence that the police seized or observed as a result of defendant’s unlawful detention,...

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Innocence Project Exoneree Freddie Peacock awarded $6.2M for Wrongful Imprisonment

Posted by on 1:27 pm in Firm News | 0 comments

Freddie Peacock, an Innocence Project exoneree and client of Neufeld Scheck & Brustin and ETKS, was awarded $6.2 million for his wrongful imprisonment. Western District Judge Michael Telesca said the same fragile mental state that made Freddie Peacock ill-equipped to fight the rape allegations against him when they were first brought in the mid-1970s also made it particularly difficult for him to serve time as a reputed sex offender in a maximum-security state prison....

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Podcast: Burden Of Proof With Don Thompson

Posted by on 1:13 pm in Firm News | 0 comments

“In this podcast, MyCase’s Legal Technology Evangelist, Niki Black, talks to Don about his career and many successes, including a few of the wrongful convictions he’s worked to overturn. He also shares a few war stories from trenches and offers tips for young lawyers and law students interested in pursuing a career path similar to his.” Download the podcast...

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People v Smith, from the Court of Appeals yesterday

Posted by on 11:57 am in Blog | 0 comments

by Jill Paperno, First Assistant Public Defender and author of  Representing the Accused: A Practical Guide to Criminal Defense Among some of yesterday’s disappointing Court of Appeals decisions there is one that can be useful to us – People v. Smith, et. al.  The Court recognized that police officers may be cross-examined about their tortious conduct in other situations, as described below.  Sadly, although the Court recognized error on the part of the trial...

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Trial Objections Checklist

Posted by on 11:54 am in Blog | 0 comments

Attached below is a checklist of trial objections prepared by Jill Paperno, First Assistant Public Defender and author of Representing the Accused: A Practical Guide to Criminal Defense   Trial Objections...

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