Author Archives: Stephen
Federal Criminal Appeals: Factual Basis For A Plea Of Guilty And Federal Rules of Criminal Procedure 11
United States vs. Culbertson Decided February 3, 2012 Second Circuit Court of Appeals Issue: Whether there existed a sufficient factual basis under FRCP Rule 11(b)(3) for the District Court to take a plea from defendant. Holding: The case was … Continue reading
Padilla v. Kentucky: Two Years Later – The Issue Of Retroactivity On Direct Appellate Review And Collateral Review.
It has been almost two years since the Supreme Court’s ruling in Padilla v. Kentucky and courts across the State of New York and across the Nation are still struggling and disagreeing on how the holding in Padilla should be … Continue reading
Waiver Of The Right To Appeal – Plea Agreements – Contract Law and Parole Evidence: Trial Court’s Statements at Sentencing and FRCP Rule 11(b)
United States v. Saferstein Third Circuit Court of Appeals Decided January 24, 2012 Issue: 1) Whether the waiver of the right to appeal at plea can be considered valid in light of the trial court’s comments at sentencing. 2) Whether … Continue reading
The Statute of Limitations In Criminal Cases Regarding Sex Crimes Against Minors
People v. Quinto 2012 NY Slip Op 00851 New York Court of Appeals Decided on February 9, 2012 Issue: What type of information qualifies as a report of a sex crime against a child that will trigger the commencement … Continue reading
Sixth Amendment Confrontation Clause: Physical Gestures As Testimony
People v. Porco 2011 NY Slip Op 07255 New York Court of Appeals decided on October 18, 2011 Issue: Whether the Sixth Amendment right to confrontation was violated when the trial court admitted testimony that the defendant’s mother nodded affirmatively … Continue reading
