-CPL §440 Motions, Vacating A Criminal Conviction And Immigration Consequences

Monthly Archives: March 2010

-CPL §440 Motions, Vacating A Criminal Conviction And Immigration Consequences

PADILLA V. KENTUCKY : United States Supreme Court, Decided March 31, 2010 ___ S.Ct.____, 2010 WL1222274 Issue : Whether the failure of an attorney to inform his client of deportation consequences resulting from a plea to a criminal charge will … Continue reading

Posted in Blog, Uncategorized | Leave a comment

Adequacy of Miranda Warnings And US Supreme Court Jurisdiction

FLORIDA V. POWELL : United States Supreme Court decided February 23, 2010 559 U.S.____, 130 S.Ct. 1195 (2010) Issue : Whether the U.S. Supreme Court has jurisdiction to review a decision by a State’s highest Court when that Court is … Continue reading

Posted in Blog, Miranda Warnings, Right to Counsel, US Supreme Court Jurisdiction | Leave a comment

Potential Conflicts and Trial Court’s Discretion to Disqualify Defense Counsel

PEOPLE V. CARNCROSS : New York Court of Appeals decided March 25, 2010 2010 NY Slip Op 02435, 2010 WL 1063952 Issue : Whether a trial court can disqualify defense counsel over the defendant’s objection when there is a potential … Continue reading

Posted in Blog, Discretion of Trial Court, Ineffective Assistance of Counsel, Right to Counsel | Leave a comment

Right to Counsel and Custody With Regard to Miranda

MARYLAND V. SHATZER 559 U.S. ____, 130 S.Ct. 1213 (2010) : United States Supreme Court Decided February 24, 2010 Issues: (1) Whether inculpatory statements made by a defendant at a second police interrogation, occurring 2 ½ years after the first … Continue reading

Posted in Blog, Right to Counsel | Leave a comment