All Articles tagged appeal
State Constitutional Commentary
January 04, 2025 EDT 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 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 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 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 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 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 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 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 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 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 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 This note discusses the Excellence Initiative and the proposed restructuring of the New York court system.
Justice Commentaries
September 27, 2020 EDT 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 Foreword
New York Appeals
September 13, 2019 EDT 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 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 This article observes the background and legal grounds of People v. Morrison
General
February 28, 2019 EDT 2018 Hugh R. Jones Memorial Lecture.
General
December 12, 2018 EDT 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 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 This article examines Chief Judge DiFiore as a writer, with an especial focus on her criminal opinions.
New York Appeals
October 12, 2018 EDT 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 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 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 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 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 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 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 This article examines the background and the legal grounds of that historic ruling in Myers v. Schneiderman.
State Constitutional Commentary
October 12, 2018 EDT 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 This article examines the various fact patterns through which latent fingerprint evidence can play a role in wrongful convictions.
General
January 01, 2018 EDT 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.