It's the second to last day of arguments at the Court of Appeals before the two month summer recess, and the Court has four cases on the docket (the Court's case summaries can be found here). The Court will hear arguments on the following issues: (1) whether a criminal defendant's guilty plea should be thrown …
Continue reading "Court of Appeals June Session: Arguments of Interest for June 6, 2018"
The Court of Appeals returns for its last argument session before the summer break on Tuesday, June 5, 2018. On the first day of the June Session, the Court has three criminal cases on the docket (the Court's case summaries can be found here), involving the following issues: (1) whether the denial of a motion …
Continue reading "Court of Appeals June Session: Arguments of Interest for June 5, 2018"
It's not often that you get the chance to have lunch with a sitting judge of your state's high court, much less in a group of just four other people. Lucky for me, that's the kind of quality programming that the Albany County Bar Association provides. Last time, it was lunch with Justice Michael Lynch …
Continue reading "Bring Your Lunch to the Court of Appeals: A Conversation with Judge Leslie Stein"
When the Court of Appeals grants or denies a motion for leave to appeal, it generally does so in a one sentence order that says "motion for leave to appeal denied" or "motion for leave to appeal granted." At most, the Court will issue paragraph explanations sometimes when it has to dismiss a motion for leave …
When a thief, or these days a hacker, steals your credit card and uses it, most people call that identity theft. The New York criminal statutes, however, haven't been so clear about whether the use another's personal identifying information, such as their name, bank account, or credit card number, is enough to show that the …
Continue reading "Court of Appeals Gets “Cleaned Up,” and Also Decides an Identity Theft Case"
The Court of Appeals wraps up the April-May Session on Wednesday, May 2, 2018 with three cases on the argument docket (the Court's case summaries can be found here). Two civil cases and one criminal case will be heard today, involving the following issues: (1) under the NYC rent control regulations that provide for deregulation …
Continue reading "Court of Appeals April-May Session: Arguments of Interest for May 2, 2018"
The Court of Appeals returns for the final week of the April-May Session with four cases (three arguments) on its argument docket today (the Court's case summaries can be found here). The Court will hear arguments on the following issues today: (1) can the State prove that a parent has maltreated her child by using …
Continue reading "Court of Appeals April-May Session: Arguments of Interest for May 1, 2018"
The Court of Appeals wraps up the first week of the April-May Session with only two criminal cases on the argument docket. Each involves claims of actual innocence and when criminal defendants can bring those claims as a basis to vacate their convictions. Particularly, the Court will hear arguments on the following issues: (1) whether …
Continue reading "Court of Appeals April-May Session: Arguments of Interest for April 26, 2018"
The Court of Appeals will hear arguments in three cases on this rainy Wednesday, April 25, 2018, the second day of the April-May Session. On the docket today are two criminal appeals about the right to counsel and a civil case about taxing cigarettes sold on an Indian reservation, involving the following issues: (1) whether …
Continue reading "Court of Appeals April-May Session: Arguments of Interest for April 25, 2018"
The Court of Appeals returns for the April-May Session (and so do I after a month off) on Tuesday, April 24, 2018. The Court has three cases on its argument docket (the Court's case summaries can be found here), which involve the following issues: (1) whether accidental disability retirement benefits are a collateral source that …
Continue reading "Court of Appeals April-May Session: Arguments of Interest for April 24, 2018"
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