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If the facts don't fit "the narrative," too bad for the facts.
Today’s Quote
“Sorry for the inconvenience, but we’re fighting for survival.” Signs displayed by protesters at Hong Kong airport.
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Recent Posts
- Putting the brakes on “victims’ rights”
- Maestro James Levine (somewhat) rehabilitated
- The Compulsory Program Mystique
- Fox snarls at pursuing hounds, is shot for bullying behavior
- “Pray for Trump”
- Squawk gets kicked off jury duty, is astonished.
- Supreme Court to Patent Office: Don’t FUCT with the 1st Amendment
- Squawk goes to Washington
- “Justice in every borough”
- Big Brother remembers your face
- Prison Sex Offender Treatment vs. The Fifth
- Easter Bunny convicted of kidnapping, trafficking
- Is it legal to threaten to behead the Chief Clerk of the Court?
- What is ineffective assistance of appellate counsel?
- At the movies: Woman at War
- Squawk is condemned
- Justice Thomas decries Court’s latest “defendant-always-wins” rule
- Let’s make suppression hearings great again!
- Chief to judges: dissent at your own risk.
- Is a trial a search for the truth?
- Ineffective Assistance of Counsel, Aussie Style
- Being fair to Fairstein
- The solution to courtroom delays: hockey pucks
- Are your politics acceptable to your cabdriver?
- How to keep your employees safe and happy: give them guns for Christmas
- Everything you’ve ever wanted to say to a judge but had sense enough not to.
- The Presumption of Innocence, “Sleeping on One’s Rights” and Fundamental Fairness
- New labels for old
- Judge Kavanaugh’s crickets
- Queens judges say the darndest things
- Granny stun-gunned for gathering dandelions
- Albany prosecutor fired for secretly writing defense briefs
- Masterpiece Cakeshop refuses birthday cake for Satan
- How to get judges to read your brief
- Linda Fairstein: Central Park Five guilty as charged
- Sentencing Sheldon Silver
- The ban on “sex offender” art
- Criminal defense vs. “social justice”
- Courts should take a tip from the Dept. of Agriculture
- The ACLU uncompromisingly defends free speech — unless it’s offensive.
- Judge Bludgeon rules on cyberbullying
- Cake, religion and Summa [obscenity deleted] Laude
- Stalkers of Lady Justice
- Quality clobbering at Rikers
- “The Constitution does not require Florida to join New York in la-la-land.”
- OMG!! What’s so reliable about excited utterance?
- Exiled statues find asylum in Green-Wood Cemetery
- The Court of Appeals believes the victim (even when the jury doesn’t)
- “Thrusting counsel upon the accused against his considered wish”
- Bronx judge finds solution to trial delays: eliminate attorneys
- Follow Appellate Squawk on WordPress.com
Tag Archives: NY Court of Appeals
OMG!! What’s so reliable about excited utterance?
The excited utterance exception to the rule against hearsay “rests on no firmer ground than judicial habit, in turn reflecting judicial incuriosity and reluctance to consider ancient dogmas.” — Judge Posner, 7th Cir. According to ancient dogmas, the stress of … Continue reading
The Court of Appeals believes the victim (even when the jury doesn’t)
Comes now New York’s highest court with the holding that an accuser’s trial testimony constitutes clear and convincing evidence of the truth of her accusations, even though the jury found her not credible and acquitted the defendant of those charges. In … Continue reading
Posted in Law, Law & Parody, Satirical cartoons, SORA
Tagged NY Court of Appeals, People v. Bretton
10 Comments
“Thrusting counsel upon the accused against his considered wish”
The Constitution forbids “thrust[ing] counsel upon the accused against his considered wish.” — Faretta v. California (US 1975). The right to self-representation embodies one of the most cherished ideals of our culture: the right of an individual to determine his own … Continue reading
Posted in Criminal procedure, Law & Parody, Satirical cartoons
Tagged NY Court of Appeals
3 Comments
Court of Appeals to Squawk: Drop Dead
Sigh. Another drop-dead letter from the NY Court of Appeals, the second one this week. The first denied leave to appeal where our client got 107 years after a trial that he spent mostly down in the courthouse pens because … Continue reading
Posted in Criminal Defense Appeals, Criminal law, Judges, Law, SORA
Tagged NY Court of Appeals, SORA Risk Assessment Instrument
1 Comment
JUDGE WOOL TAPPED FOR HIGH COURT CHIEF, VOWS REVERSAL QUOTAS
The Governor stunned friend and foe alike today by announcing an unprecedented about-face in his pick for Chief Judge of the Court of Appeals, ditching former nominee Suburbia County District Attorney Flowerpot and giving the nod to Judge Wool. “Judge … Continue reading
Posted in Humor, Judges, Law & Parody, Satirical cartoons
Tagged Chief Judge NY Court of Appeals, NY Court of Appeals
4 Comments
Videotaping Interrogations: The Court of Appeals Blows It
Ten years ago the Massachusetts high court, fed up with hearing “repeated pronouncements” about the fabulous benefits of recording police interrogations, decided to do something about it. Commonwealth v. DiGiambattista (2004). Cops don’t record interrogations? Fine. But if the … Continue reading
The Court of Appeals gets righteous
The Sex Offender Registration Act (SORA), like the Emperor’s New Clothes, is nonsense perpetrated in the name of superior wisdom. It creates a permanent underclass of “sex offenders,” defined as anyone convicted of an offense from a list that includes … Continue reading
Posted in Civil Liberties, Satirical cartoons, SORA
Tagged Child pornography, NY Court of Appeals, People v. Gillotti, sex offenders, SORA
2 Comments
