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Tag Archives: right to counsel

New York State Court of Appeals – Right to Counsel: People v. Carr/People v. Cates

New York State Court of Appeals – Right to Counsel – In Camera Interview of Witness – Defense not Present   People v. Carr/People v. Cates Nos. 26 & 27 Judge Lippman   Background: The primary issue presented is whether ...

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New York State Court of Appeals – Right to Counsel: People v. Johnson

New York State Court of Appeals – Right to Counsel – Continuing Representation Between Two Unrelated Crimes   People v. Johnson No. 218 Judge Smith   Background: The defendant, charged with one crime, sought to obtain leniency by providing information ...

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New York State Court of Appeals – Right to Counsel: People v. O’Daniel

New York State Court of Appeals – Right to Counsel – New Counsel’s Representation of Preparedness – Adjournment   People v. O’Daniel No 161 Judge Pigott   Background: The defendant was found guilty, after a jury trial, of a number of ...

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New York State Court of Appeals – Right to Counsel: People v. McLean

New York State Court of Appeals – Right to Counsel – Prior Representation – Representation Ended   People v. McLean No. 154 Judge Smith   Background: The defendant had been previously prosecuted for robbery and represented by a part-time public defendant. ...

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Fourth Department — Right to Counsel: People v. McNamara

Appellate Division, Fourth Department Right to Counsel Presentence Interview People v. McNamara KA 12-00204 Appealed from Cayuga County Court Background: The defendant was convicted of possession of a forged instrument and drug sale. On appeal, he contended that his constitutional ...

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Fourth Department — Advocate-Witness Rule: Jozefik v. Jozefik

Appellate Division, Fourth Department Advocate-Witness Rule Right to Counsel Jozefik v. Jozefik CA 10-01997 Appealed from Supreme Court, Monroe County Background: The plaintiff appealed from a judgment of divorce that awarded the defendant maintenance, child support and attorney’s fees. The ...

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New rule on right to counsel retroactive

A defendant who pleaded guilty in 2006 could have his conviction overturned because his lawyer failed to advise him of the deportation consequences of his plea, Maryland’s highest court has ruled in reinstating an order granting a new trial. In ...

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Right to Counsel: Department of Social Services, Genesee County v. Jones

Appellate Division, Fourth Department Right to Counsel Waiver Department of Social Services, Genesee County v. Jones CAF 10-02365 Appealed from Family Court, Genesee County Background: The respondent father appealed from an order that confirmed a Support Magistrate’s determination that he ...

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