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Articles 1 - 30 of 37
Full-Text Articles in Law
Judges For Sale: The Effect Of Campaign Contributions On State Criminal Courts, Arturo Romero Yáñez, Neel U. Sukhatme
Judges For Sale: The Effect Of Campaign Contributions On State Criminal Courts, Arturo Romero Yáñez, Neel U. Sukhatme
Georgetown Law Faculty Publications and Other Works
Do campaign contributions impact democratic processes? Using donation data from Texas, we show that criminal defense attorneys who contribute to a district judge’s electoral campaign are preferentially assigned by that judge to indigent defense cases, i.e., public contracts in which the state pays private attorneys to represent poor defendants.
We estimate that attorney donors receive twice as many cases as non-donors during the month of their campaign contribution. Nearly two-thirds of this increase is explained by the contribution itself, with the remainder attributable to shared preferences within attorney-judge pairs, such as those based on professional, ideological, political, or personal ties. …
Resolving The Anders Dilemmas: How & Why Texas Should Abandon The Anders Procedure, Michael J. Ritter
Resolving The Anders Dilemmas: How & Why Texas Should Abandon The Anders Procedure, Michael J. Ritter
St. Mary's Journal on Legal Malpractice & Ethics
When an indigent defendant has a right to counsel for an appeal, and counsel believes the appeal is wholly frivolous, Texas has adopted the Anders v. California procedure that permits counsel to withdraw from representation and argue to the appellate court why their client’s appeal is wholly frivolous. This Article argues that, either by a change to the disciplinary rules or by judicial decision, Texas should abandon the Anders procedure as other states have. Doing so will promote the integrity of the right to counsel, avoid numerous conflicts and dilemmas created by the Anders procedure, and advance judicial efficiency and …
The “Critical Stage” Of Plea-Bargaining And Disclosure Of Exculpatory Evidence, Gabriella Castellano
The “Critical Stage” Of Plea-Bargaining And Disclosure Of Exculpatory Evidence, Gabriella Castellano
NYLS Law Review
No abstract provided.
Autonomy Isn't Everything: Some Cautionary Notes On Mccoy V. Louisiana, W. Bradley Wendel
Autonomy Isn't Everything: Some Cautionary Notes On Mccoy V. Louisiana, W. Bradley Wendel
W. Bradley Wendel
The Supreme Court’s May 2018 decision in McCoy v. Louisiana has been hailed as a decisive statement of the priority of the value of a criminal defendant’s autonomy over the fairness and reliability interests that also inform both the Sixth Amendment and the ethical obligations of defense counsel. It also appears to be a victory for the vision of client-centered representation and the humanistic value of the inherent dignity of the accused. However the decision is susceptible to being read too broadly in ways that harm certain categories of defendants. This paper offers a couple of cautionary notes, in response …
It’S All Your Fault!: Examining The Defendant’S Use Of Ineffective Assistance Of Counsel As A Means Of Getting A “Second Bite At The Apple.”, Prentice L. White
It’S All Your Fault!: Examining The Defendant’S Use Of Ineffective Assistance Of Counsel As A Means Of Getting A “Second Bite At The Apple.”, Prentice L. White
Dickinson Law Review (2017-Present)
The United States Constitution provides individuals convicted of a crime with “a second bite at the apple.” The Sixth Amendment provides an avenue to appeal one’s conviction based on the claim of “ineffective assistance of counsel.” What were the Framers’ true intentions in using the phrase “effective assistance of counsel”? How does the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 affect habeas corpus appeals? This article answers these questions through the eyes of Thomas—a fictional character who is appealing his murder conviction.
This article first looks at the history surrounding effective assistance of counsel and discusses the difficulties …
Autonomy Isn't Everything: Some Cautionary Notes On Mccoy V. Louisiana, W. Bradley Wendel
Autonomy Isn't Everything: Some Cautionary Notes On Mccoy V. Louisiana, W. Bradley Wendel
Cornell Law Faculty Publications
The Supreme Court’s May 2018 decision in McCoy v. Louisiana has been hailed as a decisive statement of the priority of the value of a criminal defendant’s autonomy over the fairness and reliability interests that also inform both the Sixth Amendment and the ethical obligations of defense counsel. It also appears to be a victory for the vision of client-centered representation and the humanistic value of the inherent dignity of the accused. However the decision is susceptible to being read too broadly in ways that harm certain categories of defendants. This paper offers a couple of cautionary notes, in response …
Court Of Appeals Of New York, People V. Veray, Randy S. Pearlman
Court Of Appeals Of New York, People V. Veray, Randy S. Pearlman
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Berroa, Marcia Miller
Court Of Appeals Of New York, People V. Berroa, Marcia Miller
Touro Law Review
No abstract provided.
Confrontation After Ohio V. Clark, Anne R. Traum
Confrontation After Ohio V. Clark, Anne R. Traum
Scholarly Works
The Supreme Court’s decision in Ohio v. Clark, provides an occasion to take stock of the Sixth Amendment Right to Confrontation since the court’s landmark 2004 decision in Crawford v. Washington. Crawford strengthened a defendant’s right to confront his accusers face-to-face, underscoring that cross-examination is the constitutionally preferred method for testing the reliability of accusatory statements. Clark could eliminate that right in a wide range of cases where, although the reliability of a declarant’s out-of-court statements is critically important, a defendant has no right to confrontation.
Court Of Appeals Of New York, People V. Taylor, Susan Persaud
Court Of Appeals Of New York, People V. Taylor, Susan Persaud
Touro Law Review
No abstract provided.
Surprise Symphony: The Supreme Court’S Major Criminal Law Rulings Of The 2002 Term, William E. Hellerstein
Surprise Symphony: The Supreme Court’S Major Criminal Law Rulings Of The 2002 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Crawford V. Washington: Reclaiming The Original Meaning Of The Confrontation Clause, Danielle Dupre
Crawford V. Washington: Reclaiming The Original Meaning Of The Confrontation Clause, Danielle Dupre
Touro Law Review
No abstract provided.
Supreme Court, Kings County, People V. Nunez, Yale Pollack
Supreme Court, Kings County, People V. Nunez, Yale Pollack
Touro Law Review
No abstract provided.
Appellate Division, Fourth Department, People V. Brown, Jennifer Feldman
Appellate Division, Fourth Department, People V. Brown, Jennifer Feldman
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Henriquez, Nicholas Melillo
Court Of Appeals Of New York, People V. Henriquez, Nicholas Melillo
Touro Law Review
No abstract provided.
A Year To Remember: The Supreme Court's Fourth, Fifth, And Sixth Amendment Jurisprudence For The 2003 Term, William E. Hellerstein
A Year To Remember: The Supreme Court's Fourth, Fifth, And Sixth Amendment Jurisprudence For The 2003 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman
Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Videoconference Technology And The Confrontation Clause, Russell Kostelak
Videoconference Technology And The Confrontation Clause, Russell Kostelak
Cornell Law School J.D. Student Research Papers
No abstract provided.
Jailhouse Informants, Robert M. Bloom
The Sanctity Of The Attorney-Client Relationship – Undermined By The Federal Interpretation Of The Right To Counsel - People V. Borukhova, Tara Laterza
Touro Law Review
No abstract provided.
A Cumulative Approach To Ineffective Assistance: New York’S Requirement That Counsel’S Cumulative Efforts Amount To Meaningful Representation - People V. Bodden, Jan Lucas
Touro Law Review
No abstract provided.
Confronting The Confrontation Clause: Addressing The Unanswered Question Of Whether Autopsy Reports Are Testimonial Evidence - People V. Hall, Bailey Ince
Touro Law Review
No abstract provided.
Someone Call 911, Crawford Is Dying - People V. Duhs, Caroline Knoepffler
Someone Call 911, Crawford Is Dying - People V. Duhs, Caroline Knoepffler
Touro Law Review
No abstract provided.
Court Of Appeals Of New York - People V. Umali, Andrew J. Vansingel
Court Of Appeals Of New York - People V. Umali, Andrew J. Vansingel
Touro Law Review
No abstract provided.
Appellate Division, First Department - People V. Martinez, Jean K. Delisle
Appellate Division, First Department - People V. Martinez, Jean K. Delisle
Touro Law Review
No abstract provided.
Court Of Appeals Of New York - People V. Leon, Madeline Katz, Madeline Klotz
Court Of Appeals Of New York - People V. Leon, Madeline Katz, Madeline Klotz
Touro Law Review
No abstract provided.
Appellate Division, First Department - People V. Williams, Brian E. Peterson
Appellate Division, First Department - People V. Williams, Brian E. Peterson
Touro Law Review
No abstract provided.
Testimonial Statements: The Death Of Dying Declarations? - People V. Clay, Sarah R. Gitomer
Testimonial Statements: The Death Of Dying Declarations? - People V. Clay, Sarah R. Gitomer
Touro Law Review
No abstract provided.
The Decline Of The Confrontation Clause In New York - People V. Encarnacion, Anthony Fasano
The Decline Of The Confrontation Clause In New York - People V. Encarnacion, Anthony Fasano
Touro Law Review
No abstract provided.
Getting Time For An Acquitted Crime: The Unconstitutional Use Of Acquitted Conduct At Sentencing And New York's Call For Change, Megan Sterback
Getting Time For An Acquitted Crime: The Unconstitutional Use Of Acquitted Conduct At Sentencing And New York's Call For Change, Megan Sterback
Touro Law Review
No abstract provided.