What does a Mandate and Remand for Re-Sentencing from the Second Circuit really mean?
It happens occasionally. The U.S. Second Circuit Court of Appeals issues a Summary Order affirming the judgment of conviction and remanding the matter for re-sentencing only. In the USA v. Dawn White, 13-1041-cr, the Circuit provided the following, REMAND for re-sentencing only, “with directions to the District Court either to make specific findings to support the enhancement under U.S.S.G§2B1.1(b)(11)(C)(I) or to sentence White without regard to that enhancement.” What’s the analysis? First, when there...
read moreExamining the law of police-citizen encounters in New York
As our country considers the nature of civilian/police interaction our bloggers will be taking a look at how New York laws regulate – or are supposed to regulate – that interaction. How may the police interfere with a citizen’s right to be free from unreasonable searches or seizures? What information must the police have before they can lawfully stop, frisk or arrest a citizen? The first post in this series (below) addresses some...
read moreIs 24 hours reasonable notice of the Grand Jury presentment under CPL 190.50?
In People v. Misaiah Hymes, Case No. 1247; KA 10-01590 decided November 21, 2014 by the 4th Department, the defendant appealed from a judgment convicting him upon a jury verdict of burglary in the second degree (Penal Law §140.25[2]). The 4th Department agreed with defendant that County Court erred in denying his motion to dismiss the indictment pursuant to CPL 210.20 (1) (c) because he was denied his right to testify before the grand...
read moreAs we wait . . .
The result of the Ferguson, MO grand jury investigation into the shooting death of Michael Brown is scheduled to be announced any time now (authorities indicated that the results could be made public as early as yesterday). No one but the grand jury knows what that result will be. That would not be the case, were the situation reversed. If a black man in Ferguson had shot a police officer (who, unlike Michael Brown,...
read moreEthan Nadelmann examines the failure of the war on drugs
Here’s a provocative TED Talk, published today, by Ethan Nadelmann, former professor at Princeton University and founding executive director of the Drug Policy Alliance, “the largest and most influential organization promoting drug policies grounded in science, compassion, health and human rights.” Mr. Nadelmann contends that the drug laws have more to do with the sublimation and control of disenfranchised groups of our society than the control of drug use and sale, contending, among other things, that...
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