All Articles tagged appeal

• State Constitutional Commentary
  January 04, 2025 EDT
  14th ANNUAL CHIEF JUDGE LAWRENCE H. COOKE STATE CONSTITUTIONAL COMMENTARY SYMPOSIUM: THE EMINENCE AND EXPERIENCE—AND EXHAUSTION—OF BEING NEW YORK’S CHIEF JUDGE
  Hon. Rowan WilsonHon. Jonathan LippmanVincent BonventreKanika Johar

  Chief Judge Rowan Wilson and former Chief Judge Jonathan Lippman engage in a panel discussion on what it means to oversee New York State's Court of Appeals and court system.

• New York Appeals
  November 15, 2024 EDT
  A CASE FOR A HAPPIER ELEPHANT: FUNDAMENTAL RIGHTS, RIGHT HOLDERS, AND NONHUMAN ANIMAL PERSONHOOD
  Ashley DeGennaro

  This Student Note examines NY's famous "Happy, the Elephant" case, arguing that legal personhood is a malleable construct and should be expanded to appreciate and protect rights of nonhuman animals.

• New York Appeals
  August 26, 2024 EDT
  MOLINEUX MEETS #METOO: EVALUATING THE MEDIA’S COVERAGE OF PEOPLE V. WEINSTEIN AND THE NEW YORK COURT OF APPEALS
  Sarah Midani

  This Comment evaluates approaches that fourteen news outlets took in breaking the news of the NY Court of Appeals overturning Harvey Weinstein's conviction based on the Molineux rule.

• New York Appeals
  April 03, 2024 EDT
  LETTERS FROM CARDOZO TO POUND
  Edward J. Ohanian

  This Essay recounts letters written by Supreme Court Justice Cardozo to New York's Chief Judge Pound that discuss topics ranging from pending cases for certiorari to the judges' friendship.

• New York Appeals
  January 27, 2023 EDT
  SPLITS IN DECISION-MAKING: COMPARING THE LEADERSHIP STYLES OF CHIEF JUDGE KAYE AND CHIEF JUDGE LIPPMAN
  Deana DiBenedetto

  This Note analyzes the judicial leadership styles of Chief Judge Kaye and Chief Judge Lippman in further detail to determine the benefits and detriments that each leadership style yielded.

• New York Appeals
  January 18, 2023 EDT
  HE WHO REPRESENTS HIMSELF HAS A FOOL FOR A CLIENT: THE RIGHT TO COUNSEL AND THE RIGHT TO SELF-REPRESENTATION IN NEW YORK
  Colleen D. DuffyMelany Gray

  This Article reviews the current state of the law in New York as to what constitutes a valid waiver of a defendant’s right to counsel at trial.

• New York Appeals
  September 14, 2022 EDT
  Declining Dispositions of the Court of Appeals
  Thomas R. NewmanJames Edward Pelzer

  Recounting the development and refinement of the jurisdiction of the Court and review of the comprehensive statistical record of its work, compiled in the Annual Reports of its Clerk.

• New York Appeals
  September 07, 2022 EDT
  Drunk Driving and the Application of the Barker/Manning Public Policy Defense
  Steven V DeBraccio

  This Article explores the history of the defense, case developments, a brief history of drunk driving laws, a case study and hypothetical the Court of Appeals has yet to answer.

• New York Appeals
  September 02, 2022 EDT
  Are Women Getting An Equal Chance to Argue at the New York Court of Appeals? Ten Years of Argument Data Paint a Troubling Picture
  Robert S. Rosborough IV

  This article explores the representation of women as advocates before the NY Court of Appeals and their ability to influence the views of the judges who shape New York law.

• General
  August 18, 2022 EDT
  Criminal Leave in the Court of Appeals: A Case of Implicit Bias?
  Eugene F. Pigott Jr.

  The process for seeking review by the NY Court of Appeals should be the same for civil and criminal cases.

• General
  February 24, 2021 EDT
  FIXING APPEAL WAIVERS IN NEW YORK
  Jonathan Cantarero

  This article discusses the history of appeal waivers in NY and offers practical tips to promote their proper execution in criminal courts to protect defendants and reduce caseloads.

• New York Appeals
  November 11, 2020 EDT
  CHIEF JUDGE JANET DIFIORE: PUSHING NEW YORK COURT SYSTEM FORWARD
  Emily Anne Gray

  This note discusses the Excellence Initiative and the proposed restructuring of the New York court system.

• Justice Commentaries
  September 27, 2020 EDT
  ADRIFT IN THE INTERSTICES OF LAW AND JUSTICE: DIVINING RIGHT AND WRONG IN THE SAD, STRANGE CASE OF PEOPLE V. SCHMIDT
  James R. Acker

  If the question is whether Hans Schmidt’s conviction and execution were defensible in law and also consistent with justice, the answers, at a minimum, are debatable.

• New York Appeals
  September 13, 2019 EDT
  EDITOR’S FOREWORD
  Vincent Martin Bonventre

  Foreword

• New York Appeals
  September 13, 2019 EDT
  GLOBAL REBRINGS THE LAW IN LINE WITH REINSURANCE INDUSTRY PRACTICE
  Thomas R. Newman

  The decisions in Global Reinsurance Corp. of America v. Century Indemnity Co. brought the current state of the law in line with generally accepted reinsurance industry practice.

• New York Appeals
  September 13, 2019 EDT
  CHOICE OF WHAT? THE NEW YORK COURT OF APPEALS DEFINES THE PARAMETERS OF CHOICE-OF-LAW CLAUSES IN MULTIJURISDICTIONAL CASES
  Patricia Youngblood Reyhan

  This article examines the current state of NY’s status as a center for the litigation of multijurisdictional commercial disputes and the NY Court of Appeals’ recent jurisprudence regarding that status.

• New York Appeals
  September 13, 2019 EDT
  PEOPLE V. MORRISON: SOME ANXIOUS OBSERVATIONS ON THE COURT OF APPEALS’ O’RAMA JURISPRUDENCE
  Paul Shechtman

  This article observes the background and legal grounds of People v. Morrison

• General
  February 28, 2019 EDT
  JONES LECTURE MUSINGS ON STARE DECISIS IN NEW YORK’S COURT OF LAST RESORT
  Susan Phillips Read

  2018 Hugh R. Jones Memorial Lecture.

• General
  December 12, 2018 EDT
  SHOULD MISPRISION OF A FELONY BE CONSIDERED A CRIME INVOLVING MORAL TURPITUDE?
  Elyssa Klein

  While there are few convictions for misprision of a felony, it is important to examine the circuit split because it demonstrates the current lack of uniformity in our immigration system.

• General
  December 12, 2018 EDT
  EFFECT OF THE REGULATORY ACCOUNTABILITY ACT OF 2017 ON INTER PARTES REVIEW: A LOOK AT TELEBRANDS CORP., V. TINNUS ENTERS., LLC
  Ashley E. Panek

  This article discusses a specific instance of an inconsistent ruling by the Patent Trial and Appeal Board in Telebrands Corp., v. Tinnus Enters., LLC.

• New York Appeals
  October 12, 2018 EDT
  WHEN THE CHIEF WRITES: AN EXAMINATION OF CHIEF JUDGE JANET DIFIORE’S OPINIONS
  Emma L. Tiner

  This article examines Chief Judge DiFiore as a writer, with an especial focus on her criminal opinions.

• New York Appeals
  October 12, 2018 EDT
  JUDGE JENNY RIVERA: THE LONE DISSENTER FOR THE ACCUSED
  Linnea E. Riegel

  After five years on the bench, Judge Rivera is not known as a judicial activist, a judge for women or Latina/os; she is the judge for the accused.

• New York Appeals
  October 12, 2018 EDT
  JUDGE STEIN: NEITHER LEFT NOR RIGHT
  Charlotte Rehfuss

  This article discusses both the majority opinions and dissenting opinions authored by Judge Stein to examine the course she has taken while on the New York Court of Appeals.

• New York Appeals
  October 12, 2018 EDT
  JUDGE FAHEY: A JUDGE’S JUDGE USING HIS POSITION TO PROTECT THE VULNERABLE
  Daniel Siegel

  This article analyzes Judge Fahey's dissenting opinions during his time on the New York Court of Appeals.

• New York Appeals
  October 12, 2018 EDT
  THE HON. MICHAEL J. GARCIA: FROM PROSECUTOR TO THE COURT OF APPEALS
  Eric O’Bryan

  This article analyzes the opinions of Judge Garcia during his time on the New York Court of Appeals.

• New York Appeals
  October 12, 2018 EDT
  JUDGE ROWAN D. WILSON: AN ADVOCATE ON THE COURT OF APPEALS
  Sarah A. Besson

  Although Judge Wilson brings commercial litigation experience to the bench, we can expect that his most significant contributions will likely be advocating for reform in the criminal justice system.

• New York Appeals
  October 12, 2018 EDT
  THE HON. PAUL G. FEINMAN: A NEW VOICE ON THE COURT OF APPEALS
  Dena M. DeFazio

  This paper reviews and evaluates Judge Feinman’s decisions and votes, drawing conclusions based on his opinions and voting patterns, where appropriate.

• New York Appeals
  October 12, 2018 EDT
  THE HONORABLE SHEILA ABDUS-SALAAM: TRAILBLAZER
  Erin E. Kilmer

  This paper focuses primarily on Judge Abdus-Salaam's dissenting and concurring opinions, although it does also highlight a few of her notable majority opinions.

• State Constitutional Commentary
  October 12, 2018 EDT
  PHYSICIAN-ASSISTED SUICIDE AND THE NEW YORK STATE CONSTITUTION
  Edward T. MechmannAlexis N. Carra

  This article examines the background and the legal grounds of that historic ruling in Myers v. Schneiderman.

• State Constitutional Commentary
  October 12, 2018 EDT
  AN UNFORTUNATE MISSTEP: THE NEW YORK COURT OF APPEALS’ REJECTION OF AID-IN-DYING IN MYERS V. SCHNEIDERMAN
  Edwin G. SchallertKathryn L. Tucker

  The court disregarded well-established precedent and ignored unique aspects of the NY Constitution critical to this case and failed to honor NY’s proud tradition of protecting fundamental liberties.

• Justice Commentaries
  July 17, 2018 EDT
  FINGERPRINTS AND MISCARRIAGES OF JUSTICE: “OTHER” TYPES OF ERROR AND A POST-CONVICTION RIGHT TO DATABASE SEARCHING
  Simon A. ColeBarry C. Scheck

  This article examines the various fact patterns through which latent fingerprint evidence can play a role in wrongful convictions.

• General
  January 01, 2018 EDT
  SILENCE AND REMORSELESSNESS
  Caleb J. Fountain

  This article takes the position that the self-incrimination clause of the Fifth Amendment prohibits an inference that defendant’s silence at sentencing is evidence of the defendant’s remorselessness.