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NYS Advisory Committee on Judicial Ethics — Post-verdict Motion: Opinion 12-78
By: Daily Record Staff//July 14, 2013
NYS Advisory Committee on Judicial Ethics — Post-verdict Motion: Opinion 12-78
By: Daily Record Staff//July 14, 2013//
Listen to this articleNYS Advisory Committee on Judicial Ethics
Post-verdict Motion
New Trial — Recusal
Opinion 12-78
Background: The inquiring judge states that he recently granted a criminal defendant’s motion to set aside a jury’s guilty verdict based on ineffective assistance of counsel. The defendant’s new attorney requested recusal. The judge asked whether he must disqualify himself from presiding over the new trial.
Opinion: The committee concluded that a judge who ranted a criminal defendant’s post-trial motion to set aside a jury’s guilty verdict need not disqualify himself from presiding over the new trial, unless the judge questions his own ability to be impartial.
Case Digests
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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