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

Posted in Criminal procedure, Law & Parody, Satirical cartoons | Tagged , , , | 3 Comments

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 , | 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 | 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 , | 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 , | 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

Posted in Criminal law, False confessions, Humor, Judges, Law, Law & Parody, Satirical cartoons | Tagged , , , | 1 Comment

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 , , , , | 2 Comments