Amicus Briefs 2012

Post Arrest Fourth and Fifth Amendment Violations

NYSACDL joins the American Civil Liberties Union, the New York Civil Liberties Union, the New York State Defenders Association and others as amici challenging the Queens District Attorney’s Office practice of conducting pre-arraignment interviews of arrestees.  These consolidated cases,People v. Eugene Polhill, Collin Lloyd-Douglas, and Jermaine Dunbar are before the New York Appellate Division, Second Department seeking not only suppression of statements obtained as a result of these pre-arraignment interrogations but more broadly, a ruling curtailing the program as unconstitutional and as unethical in violation of the Disciplinary Rules.

Sixth Amendment Right to Counsel

NYSACDL recently filed an amicus brief in support of Todd M. Smith’s claim for adequate compensation for his representation, pursuant to court appointment under Article 18-B, in a murder case.  NYSACDL argues that the “reviewing court should be particularly hesitant to upset the trial court’s award of fees to assigned counsel.”

In the Matter of Todd M. Smith v. Admin Judge, Fifth Judicial District

June 2012 – The Court of Appeals issued an Opinion in Smith’s favor affirming Smith’s appointment as counsel and compensation for representation of a defendant charged with homicide even though, at the time of his appointment, Smith was not on the “list” for court appointments under the Assigned Counsel Plan.  In the Matter of Todd M. Smith v. Hon. James C. Tormey, County of Onondaga, et al.