02 January 2005

Appellate Courts

1) New York's highest appellate court has been split into factions:
Gov. George Pataki's last three appointees form the conservative branch, mostly sticking together on decisions generally favorable to the governor and prosecutors. Chief Judge Judith Kaye and two appointees of Democrat former Gov. Mario Cuomo form the liberal branch. That leaves Albert Rosenblatt of Dutchess County as the primary swing vote.

Disagreements are on the rise.
2) In Ohio, during a sentencing hearing it's harmless error for the prosecution to assert, without providing proof, that the defendant tried to have the complaining witness killed. [gotta wonder what constitutes harmful error]

3) In Iowa a judge whom the Supreme Court "retired" from the bench for alcohol problems, severe depression, and marijuana in his system will now represent indigent defendants.

4) Arkansas: If you don't sentence someone for six years an appellate court may find that you waited too long.

5) "On Oct. 25, 2000, Hunter appeared before the trial court for a motion to suppress evidence. Sankovitz denied the motion and told Hunter he was unlikely to be acquitted in the case. The judge also said if Hunter wanted to 'catch a break' there was a time for 'coming forward and admitting your guilt.'"

So, in Wisconsin the judge who's going to try your case telling you that you are probably going to lose and you need to admit your guilt isn't prejudicial or participating in the plea agreement process. Nope. Not at all. Really! I mean it! Would I lie to you?

6) D.C. Appellate: If you cannot give a good explanation for closing the street you cannot arrest someone for crossing it.

7) Arkansas: If the defense is NGRI you might want to let the defense's mental expert testify.

8) Defending the Nevada Supreme Court.

9) The prosecutor pays a witness but doesn't tell the defense. The Texas courts appellate have no problem with that but the federal supreme court does.

2 comments:

American On Line said...

2) In Ohio, during a sentencing hearing it's harmless error for the prosecution to assert, without providing proof, that the defendant tried to have the complaining witness killed. [gotta wonder what constitutes harmful error]More insanity.

Melissa said...

Arkansas is fUNNY