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New York State Association of Criminal Defense Lawyers - NYSACDL

New York State Association of Criminal Defense Lawyers - NYSACDL
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Amicus Briefs prior to 2009

2008

Trial

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.


2007

Sentencing

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.


2006

Trial

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.


2005

Trial

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


Suppression

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.