Amicus Briefs 2009
Search and Seizure
On May 12, 2009, the Court of Appeals rendered its decision in People v. Weaver ruling that the police must obtain a warrant before installing a GPS tracking device on an individual’s vehicle. In assisting NACDL on an amicus brief, NYSACDL served as a strong voice supporting the need for a warrant to track people’s movements via installation of a GPS and in suppressing evidence obtained as a result of this unlawful police activity.
Sixth Amendment Confrontation Rights
People v. Wrotten – Whether it was error to permit the complainant to testify from another state via live two-way television transmission in the absence of statutory authority.
Fifth and Fourteenth Amendment Due Process Rights – non-disclosure of exculpatory evidence
People v. Ortiz – Whether a defendant must establish the admissibility of non-disclosed exculpatory evidence in order to satisfy Brady’s materiality standard.
Loss Analysis in Fraud Cases under the U.S.S.G
NYSACDL recently joined NACDL and The New York Council of Defense Lawyers in an Amici brief filed on behalf of defendant Ivy Woolf Turk in the U.S. District Court Southern District. At issue is the loss analysis to be applied under the Sentencing Guidleines in fraud cases. U.S. v. Ivy Woolf Turk.
Diversion Courts and Consequences
Ditren v Holder – Voluntary participation in a pre-trial drug court diversion program should not result in a “conviction” for immigrant deportation purposes where the immigrant successfully completes treatment and charges are dismissed.