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Are You Satisfied with Your Representation?—The Sixth Amendment Right to Effective Assistance of Counsel

By   /  March 18, 2014  /  6th Amendment, Constitutional Law, Featured 

Gavel on Lawbook

A criminal defendant’s right to counsel has been embedded in our nation’s history for centuries. The right is codified in the Sixth Amendment of the Constitution and exists as the bedrock of our criminal justice system. Like many other transactions in our society, the assistance of counsel is a service that is provided by one individual to another. This service is essential due to the gravity of the penalties that a criminal defendant may face when accused of a crime.

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An Effective but Unreported Application of Lafler & Frye

By   /  February 3, 2014  /  6th Amendment, Constitutional Law, Featured 

Law Books

On November 22, 2009 Michael Verni was found wounded inside of his automobile with a firearm between his legs. He later admitted that he owned the firearm and had shot himself, which culminated in his conviction of criminal possession of a weapon in the second degree. Prior to sentencing, Verni motioned the court to set aside the verdict under New York Criminal Procedure Law Section 330.30.

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Watch Your Step: Recovery for Inmate Slip and Fall

By   /  June 1, 2012  /  6th Amendment, Constitutional Law 

Prison Cell Block

It is necessary to determine which acts of a prison official constitute a violation of the Eighth Amendment. In Rodriguez v. City of New York, the Appellate Division, First Department addressed whether an inmate could recover damages after a slip and fall on flooded hallways in his facility. In the past, courts have found that slip and fall cases constitute negligence but do not violate the Eighth Amendment.

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Silencing the Victims in Child Sexual Abuse Prosecutions

By   /  June 1, 2012  /  6th Amendment, Constitutional Law, Criminal Procedure, Evidence 

Silenced Man

Child sexual abuse prosecutions present challenging evidentiary and constitutional issues. Oftentimes, there is no physical evidence of the abuse. Children will frequently recant their allegations, since the vast majority of these crimes are committed by a parent, other relative, or by a friend of the family.

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The Decline of the Confrontation Clause in New York

By   /  June 1, 2012  /  6th Amendment, Constitutional Law, Criminal Procedure, Evidence 

Constitution on Flag

The First Department in Encarnacion made two highly controversial holdings on issues that did not need to be decided. First, the court’s holding continues the decline of what amounts to clear and convincing in New York. Second, the court’s holding now seems to be in contradiction with the Supreme Court’s decision in Bullcoming.

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The Sanctity of the Attorney-Client Relationship – Undermined by the Federal Interpretation of the Right to Counsel

By   /  June 1, 2012  /  6th Amendment, Constitutional Law 

Attorney and Client

New York’s expansive interpretation of the right to counsel provides vital safeguards to protect a criminal defendant or accused from self-incrimination. New York, based on principles that closely mirror the fundamental considerations for the adoption of Miranda rights, recognizes the need for additional protections even prior to the commencement of formal proceedings. [...]

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What Are We Searching For?: Conditions, Elements, and Requirements for a Valid “Searching Inquiry” in the State of New York

By   /  June 1, 2012  /  6th Amendment, Constitutional Law 

Blind Justice

The Sixth Amendment of the United States Constitution gives a criminal defendant certain guaranteed rights, including the right to an attorney in criminal cases. Crampe [...]

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Flying Solo Without a License: The Right of Pro Se Defendants to Crash and Burn

By   /  June 1, 2012  /  6th Amendment, Constitutional Law 

Commuter Train

Flying Solo Without a Licence: The Right of Pro Se Defendants to Crash and Burn explores the ramifications of self-representation, supporting a substantial need for greater restriction on the right and standardization of procedure to provide guidance for courts and eradicate inconsistent treatment of pro se defendants.

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Confronting the Confrontation Clause: Addressing the Unanswered Question of Whether Autopsy Reports are Testimonial Evidence

By   /  June 1, 2012  /  6th Amendment, Constitutional Law 

Supreme Court Stairs

“Although the Supreme Court has not yet decided whether an autopsy report is considered testimonial evidence for purposes of the Confrontation Clause, the New York Court of Appeals has already decided that autopsy report are not testimonial.

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Someone Call 911, Crawford is Dying

By   /  June 1, 2012  /  6th Amendment, Constitutional Law 

Paramedics

The issue before the Court of Appeals was whether the trial court erred in allowing the testimony of the pediatrician. The defendant contended that the admission of the pediatrician’s testimony regarding the child’s statement violated his Sixth Amendment constitutional right to confrontation. The claimant based his argument on Crawford v. Washington and Davis v. Washington, [...]

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