Amicus Briefs prior to 2009
Sixth Amendment Right to Jury Trial: Informing Jury of Mandatory Minimums
Does the Sixth Amendment grant a trial court discretion to inform the jury of a mandatory minimum sentence on a conviction for receipt of child pornography? NYSACDL joins NACDL and FAMM as amici. U.S. v. Polouizzi, 2d Cir., 08-1830 – CR
Fifth Amendment Double Jeopardy Clause – Jury Deadlock – Partial Verdict
In the Matter of Enrique Rivera In this Article 78 proceeding, the issue addressed is whether re-trial is barred on a count (here, murder) where the jury indicates it had reached a “not guilty” verdict on that count but the court did not take that verdict and declared a mistrial when the jury indicated it was otherwise deadlocked.
Sixth Amendment Right to Trial by jury
Portalatin v Graham Challenging New York’s persistent felony sentencing scheme which provides for a judge rather than a jury to make factual findings which may result in an increased sentence.
Fifth Amendment Double Jeopardy Clause
Gorghan v DeAngelis – Prosecutorial misconduct so pervaded appellant’s trial as to require reversal. Whether double jeopardy bars retrial as the proper remedy is at issue.
Procedural Due Process and Sora Registration
People v. Kennedy – This case addresses due process requirements and suggests that the Court of Appeals exercise its supervisory powers to give guidance to lower courts and counsel where defendant has a military conviction.
Sixth Amendment Confrontation Clause
People v. Pacer – 2005 whether, under Crawford v. Washington, 541 U.S. 36 (2004), it is error to admit an affidavit prepared for the prosecution and relied upon to establish an element of the crime.
Eyewitness Identification – issues pertaining to admissibility
Ledbetter v. Connecticut, Petition for Writ of Certiorari, 05-9500
People v. J. Williams – Whether the exclusionary rule should apply to evidence obtained as the result of an arrest by a “peace officer” who exceeded his authority in making an arrest, interrogating the suspect and seizing evidence.