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Judge Wool says
“The historical record of political movements that sought to expand freedom for the oppressed by eliminating it for their enemies is dismal.” — Jonathan Chait, “How the language police are perverting liberalism.”
- 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
- Appellate Squawk celebrates National Poetry Month
- The ultimate bail reform: shoot the client
- Relax, baby, I’m gay.
- Deadly meteor expected to demolish Earth any minute
- Appellate Squawk’s Radiant Institute of Continuing Legal Education
- ICE, ICE, baby!*
- Punch & Judy’s easy answers to everything
- Trigger warnings for courtrooms
- Guv to judges: want a raise? get to work on time.
- Seven words to be banned in court
- The Case of Masterpiece Cakeshop
- “Appearing in court isn’t supposed to be fun.”
- Maestro James Levine
- “What cross-race charge? What are you talking about?”
- Court admits expert water-dunking testimony as relevant, helpful to jury.
- Chief Judge orders prosecutors not to be crooked and defense lawyers not to be incompetent
- “Hands up, motherf*cker! This is a request for information!”
- “Give me a lawyer, dawg.”
- President Trump takes to the street
- Squawk is interrogated
- Privacy for me but not for thee
- Let’s remove offensive statues from Central Park
- When is parody a crime? When nobody gets it.
- Thoughtfully prosecuting your client
- Law vs. Science
- Searching for the right court for your appeal? View these 521 customer reviews.
- Is a lawyer a “significant individual”? Court says nix.
- Squawk has been ungood
- Police Commissioner announces new anti-spitting technology
- “The War on Sex”
- Are you a cissy?
- Powerpoint for the defense
- Prosecutor Powerpoint and Wigmore’s horse
- In memory of Dennis Murphy, public defender
- When is a trial not a trial? When there’s no jury.
- How to describe judicial decisionmaking without being held in contempt
- The Court of Appeals rules on SORA
- From the archives: Judge Rakoff on graffiti and Oedipus Rex
- Lunar New Year message: take a tip from the fish
- DOJ recommends new photo array procedures: no hints allowed.
- Follow Appellate Squawk on WordPress.com
Tag Archives: NY Court of Appeals
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
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
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
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
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
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 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