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Criminal Law - Right To Counsel - Custodial Criminal Defendant May Not Waive Right To Counsel In The Absence Of His Court-Appointed Attorney, Stuart J. Feld
Criminal Law - Right To Counsel - Custodial Criminal Defendant May Not Waive Right To Counsel In The Absence Of His Court-Appointed Attorney, Stuart J. Feld
Fordham Urban Law Journal
This case note examines the New York Court of Appeals' decision in People v. Hobson, 39 N.Y.2d 479, 348 N.E.2d 894, 384 N.Y.S.2d 419 (1976), which held that once a counsel has been engaged in a criminal proceeding a defendant may not waive his right to counsel when his lawyer is not present. The case note discusses the evolution in protection levels afforded defendants in New York as well as in decisions by the United States Supreme Court and suggests that the Hobson decision's impact is enormous as it resurrects two important pro-defendant rules that were previously overruled. The Hobson …
Case Note: Criminal Law - Due Process - Statute Proscribing Loitering For The Purpose Of Prostitution Is Not Unconstitutionally Vague, Sayde J. Markowitz
Case Note: Criminal Law - Due Process - Statute Proscribing Loitering For The Purpose Of Prostitution Is Not Unconstitutionally Vague, Sayde J. Markowitz
Fordham Urban Law Journal
In this case note, Sayde J. Markowitz analyzes People v. Smith, 88 Misc. 2d 590, 388 N.Y.S.2d 221 (Crim Ct. 1976), rev'd 393 N.Y.S.2d 229 (App. Div. 1st Dep't 1977). At approximately 2:15 a.m. on July 12, 1976, a police officer observed defendant female converse with two male passersby. Soon thereafter, defendant conversed with a third male with whom she entered a building known to accommodate prostitutes and their clientele. The two left the building a short time later. Defendant Smith was arrested and charged with violating section 240.37 of the New York Penal Law, which prohibits loitering for the …
Criminal Law - Counsel - Court-Appointed Attorney Held Absolutely Immune From Suit Under Federal Civil Rights Statute, William A. Cahill, Jr.
Criminal Law - Counsel - Court-Appointed Attorney Held Absolutely Immune From Suit Under Federal Civil Rights Statute, William A. Cahill, Jr.
Fordham Urban Law Journal
E. George Minns, a Virginia state prisoner, brought an action against his court-appointed attorney, alleging that his attorney, while acting under color of state law, had deprived him of rights guaranteed under the fourteenth amendment of the United States Constitution. Specifically, Minns alleged that his court-appointed attorney denied him assistance in filing a petition for habeas corpus. Minns brought the suit under section 1983 of the Civil Rights Act, which gives a private right of action against every person who, under color of law, deprives another person of his or her Constitutional rights, privileges, or immunities. The district court dismissed …
Book Review: Denial Of Justice: Criminal Process In The United States, Thomas G. Roth
Book Review: Denial Of Justice: Criminal Process In The United States, Thomas G. Roth
Fordham Urban Law Journal
Thomas G. Roth reviews Denial of Justice: Criminal Process in the United States by Lloyd L. Weinreb. In his book, Lloyd L. Weinreb argues persuasively that American criminal process not only falls short of being the best there is, but it denies us a system which we can properly call "just." Weinreb's work is divided into two sections. The first part, which comprises the bulk of the book, explains how criminal process works and, more significantly, how it has failed to achieve effectively the goals for which it was developed. In the second part, he describes in general theory an …