By statute and constitutional law, New York guarantees criminal defendants the right to a speedy trial and prompt prosecution (see People v Staley, 41 NY2d 789, 791; People v Vernace, 96 NY2d 886, 887 [2001]; NY Const Art I, § 6; CPL § 30.20). “[T]he State due process requirement of a prompt prosecution is broader than . . . the Sixth Amendment
Search Results for: due process
Judge As Advocate Violates Due Process Right To A Fair Trial Cooperation Agreement Made Between Codefendant and Trial Court Violates the Fourteenth Amendment Due Process Right To A Fair Trial … Continue reading
Inability to Speak English Not a Suspect Class for Equal Protection and Due Process Violation People v. Aviles New York Court of Appeals 2016 Slip Op 07836 Decided on … Continue reading
People v. Baxin New York Court of Appeals Decided October 15, 2015 Full Case Issue: whether defendant’s due process rights were violated when the hearing court relied, in part, upon … Continue reading
Samuel James Johnson v. United States 576 U.S._____ (2015) United States Supreme Court Decided June 26, 2015 Blog by: Stephen N. Preziosi Esq., Criminal Appeals Lawyer United States Supreme … Continue reading
U.S v . Jordan 742 F.3d 276 The Court of Appeals for the Seventh Circuit Decided on: January 28, 2014 Blog By: Stephen N. Preziosi Esq., Criminal Appeals Attorney When … Continue reading
People v. Fiammegta 2010 NY Slip Op 01344 New York Court of Appeals Decided on: February 16, 2010 Trial Court Erred When It Did Not Allow Defendant An Inquiry of … Continue reading
People v. Stone 2014 NY Slip Op 00901 New York Court of Appeals Decided February 13, 2014 Issue: Whether defendant’s constitutional rights were violated by the trial court’s failure to sua … Continue reading
People v. Clyde 2011 NY Slip Op 08453 Decided November 22, 2011 New York Court of Appeals Issue: whether the presence of shackles on the defendant during trial violated his … Continue reading
SWARTHOUT v. COOKE Decided January 24, 2011 United States Supreme Court Issue : Whether relief under the Habeas Corpus states 28 USC §2254 is appropriate where the defendant claims that … Continue reading
CPL 440.10 (1) (g) empowers a trial court to vacate a conviction on the basis of newly discovered evidence “which could not have been produced by the defendant at the trial even with due diligence on his part
People v. Delamota New York Court of Appeals 18 N.Y.3d 107 Decided November 17, 2011 Summary: Juan Hernandez was robbed at knifepoint and told his son Juan Jr. to call … Continue reading
The Due Process Clause of the Fourteenth Amendment to the United States Constitution prohibits states from physically restraining a defendant during a criminal trial
the suppression by the prosecution of evidence favorable to an accused upon request violates due process
The Taranovich framework is a holistic one—that is, “no one factor or combination of the factors . . . is necessarily decisive or determinative of the speedy trial claim
People v. Bush 38 N.Y.3d 66 (2022) NY Court of Appeals Decided on March 22, 2022 Contact a New York Criminal Appeals Lawyer Issue: Whether defendant is entitled to review … Continue reading
Right To Choice of Counsel: Suspension in different court/jurisdiction does not prejudice defendant.
People v. Burgos NY Court of Appeals Decided on March 17, 2022 Contact a New York Criminal Appeals Lawyer Issue: Whether defendant was deprived the constitutional right to choice of … Continue reading
People v. Torres, People v. Lewis 2021 NY Slip Op 05448 NY Court of Appeals Decided on October 12, 2021 Contact a New York Criminal Appeals Lawyer: call 1-800-APPEALS (1-800-277-3257) … Continue reading
People v. Schneider N.Y. Slip Op. 03486 NY Court of Appeals Decided on June 3, 2021 Issue: Do New York Judges Have National Authority to Wiretap Cell Phones? Whether a … Continue reading
People v Goldman NY Slip Op 05977 [35 NY3d 582] NY Court of Appeals Decided on October 22, 2020 Need an appeals attorney? Contact us today. Issue: Defendant’s Entitlement to … Continue reading