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Court of Appeals orders new trial in child porn case
New York state’s highest court has ordered a new trial in a child pornography case because of ineffective assistance by the defense attorney.
NY appeals court revives grand larceny plea withdrawal bid
A New York appeals court has reopened a grand larceny case, giving the defendant a chance to argue for withdrawing his 2024 guilty plea.
NY Court of Appeals orders new trial in fatal stabbing case
New York state’s highest court has ordered a new trial for a woman who fatally stabbed her abusive boyfriend.
Second Circuit — Ineffective Assistance: Kovacs v. United States
U.S. Court of Appeals for the Second Circuit Ineffective Assistance Deportable Offense — Plea Kovacs v. United States 13-0209 Judges Kearse, Jacobs and Parker Background: The petitioner sough a writ […]
Fourth Department —Ineffective Assistance: Matter of Jada G.
Appellate Division, Fourth Department Ineffective Assistance Conflict of Interest — Attorney and Witness Matter of Jada G. CAF 12-02269 Appealed from Family Court, Wyoming County Background: The mother appealed from an […]
Second Circuit — Ineffective Assistance: Gonzalez v. USA
U.S. Court of Appeals for the Second Circuit Ineffective Assistance Plea Withdrawals — Sentencing Gonzalez v. USA 10-3630-pr Judges Kearse, Cabranes and Sack Background: The petitioner pleaded guilty to a […]
Fourth Department — Ineffective Assistance: Matter of Alisa E.
Appellate Division, Fourth Department Ineffective Assistance Hearsay Testimony — Leading Questions Matter of Alisa E. CAF 11-01526 Appealed from Family Court, Livingston County Background: The respondent mother appealed from an […]
WDNY — Ineffective Assistance: United States of America v. Marks
U.S. District Court, WDNY Ineffective Assistance Plea Offer — Defendant’s Likely Acceptance United States of America v. Marks 03-cr-6033L Judge Larimer Background: After a jury trial, the defendant was sentenced […]
Second Circuit — Ineffective Assistance: Elfgeeh v. United States
U.S. Court of Appeals for the Second Circuit Ineffective Assistance Per Se Ineffectiveness Elfgeeh v. United States 10-4498-pr Judges Winter, Raggi and Chin Background: The defendant appealed from the denial […]
Second Circuit — Depraved Indifference: Parker v. Ercole
U.S. Court of Appeals for the Second Circuit Depraved Indifference Sufficiency of Evidence — Ineffective Assistance Parker v. Ercole 10-2510-cv Judges Kearse, McLaughlin and Cabranes Background: The plaintiff, an inmate […]
Habeas Corpus: Darden v. Conway
U.S. District Court, WDNY ‘Habeas Corpus’ Ineffective Assistance — Jury Instructions Darden v. Conway 10-cv-0570(MAT) Judge Telesca Background: The pro se petitioner challenged the constitutionality of his detention alleging that […]
Ineffective Assistance: Morales v. United States
U.S. Court of Appeals, Second Circuit Ineffective Assistance Public Trial — Improper Sentencing Morales v. United States 04-0858-pr Appealed from the District of Connecticut Background: Defendant Morales appeals from the […]
Case Digests
- Fourth Department – Sandoval ruling: People v. Grefer
- Fourth Department – Murder: People v. Gray
- Second Circuit – Wire fraud: U.S. v. Bankman-Fried
- Fourth Department – Possession of a controlled substance: People v. Clark
- Fourth Department – Visitation agreement: Diedrichs-Wheeler v. McAvoy
- Fourth Department – Labor Law: Delisle v. FBBT/US Properties, LLC
- Court of Appeals – Implied covenant of good faith: 111 West 57th Investment, et al. v. 111 W57 Mezz Investor, et al.
- Fourth Department – Negligence: Castle v. Swarfiguer
- Fourth Department – Bifurcation: Calvaneso v. Mochol
- Court of Appeals – Sex Offender Registration Act: People v. Townsend
- Fourth Department – Action for attorney’s fees: Broadway Warehouse Co. v. Buffalo Barn Board LLC
Law News
- Court of Appeals orders new trial in child porn case
- NY appeals court reverses burglary conviction over plea issue
- Side effect of NY auto insurance reform: costly lawsuits to prove damages
- NY appeals court reduces sentence for man who fired at deputies
- Telesca Center for Justice names new executive director
- Hochul calls for investigation of accusations against former judge
- Onondaga County attorney disbarred after federal convictions
- Weapon conviction reversed due to illegal police search
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