All Articles tagged criminal procedure

• General
  February 17, 2021 EDT
  COMPROMISING WITHIN NEW YORK’S CPL ARTICLE 245 DISCOVERY DEMANDS
  Cassidy V. Milam

  This note considers the new discovery demand laws in New York and offers recommendations for future legislation on discovery.

• New York Appeals
  January 01, 2014 EDT
  THE EXPANSION OF NEW YORK STATE POST-CONVICTION RELIEF: PEOPLE V. SEEBER AND THE EXTENSION OF CPL 440.10(1)(B) BEYOND BRADY
  Karin S. Portlock

  The Third Department‘s decision in People v. Seeber is a seminal opinion on the purpose, meaning, and scope of New York State Criminal Procedure Law (CPL) section 440.10(1)(b).

• Justice Commentaries
  June 11, 2013 EDT
  A SURVEY OF FEDERAL AND STATE COURTS‘ APPROACHES TO A CONSTITUTIONAL RIGHT OF ACTUAL INNOCENCE: IS THERE A NEED FOR A STATE CONSTITUTIONAL RIGHT IN NEW YORK IN THE AFTERMATH OF CPL § 440.10(G-1)?
  John M. Leventhal

  This article considers whether there is still a need for a freestanding state constitutional claim of actual innocence in light of a recent amendment to the New York State Criminal...

• Justice Commentaries
  May 05, 2012 EDT
  CIVIL DISOBEDIENCE IN THE SUPREME COURT: RETROACTIVITY AND THE COMPROMISE BETWEEN FORMAL AND SUBSTANTIVE JUSTICE
  Nicholas Faso

  This article demonstrates that the Supreme Court subordinates the role of formal justice to achieve the substantive goal of punishing wrongdoers.

• State Constitutional Commentary
  November 11, 2011 EDT
  RIGHTS AND REMEDIES IN STATE HABEAS PROCEEDINGS
  Jason Mazzone

  This short essay examines the effects of Danforth v. State on the practices of state courts to date and its likely impact in the future.