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In the last post, we looked at two dissents that protested majority decisions at New York’s highest court that overturned convictions because of errors having nothing to do with guilt or innocence, and where there was no suggestion that the alleged error by the trial judge had caused any prejudice to the defendant. (See Part 4b.) Now we turn to the other two previously previewed dissents that protested majority decisions that upheld convictions, despite serious…
In the last post, we looked at two dissents that protested majority decisions at New York’s highest court that overturned convictions because of errors having nothing to do with guilt or innocence, and where there was no suggestion that the alleged error by the trial judge had caused any prejudice to the defendant. (See Part 4b.) Now we turn to the other two previously previewed dissents that protested majority decisions that upheld convictions, despite serious…
John Marshall HarlanDissented in Plessy A strong dissenting opinion is something to celebrate. (See e.g., discussion in Part 4a.)But, of course, it is often reason for considerable disappointment that it was not the court’s majority. Oliver Wendell Holmes“The Great Dissenter” Indeed, sometimes there is cause for outright dismay, exasperation, and bewilderment that the majority failed to embrace the dissent’s wisdom, fairness, candor, or other emphatic virtue. A few recent dissenting opinions at New York’s…
John Marshall HarlanDissented in Plessy A strong dissenting opinion is something to celebrate. (See e.g., discussion in Part 4a.)But, of course, it is often reason for considerable disappointment that it was not the court’s majority. Oliver Wendell Holmes“The Great Dissenter” Indeed, sometimes there is cause for outright dismay, exasperation, and bewilderment that the majority failed to embrace the dissent’s wisdom, fairness, candor, or other emphatic virtue. A few recent dissenting opinions at New York’s…
There are famous dissents that were right when written and were ultimately vindicated in cherished landmarks. John Marshall Harlan’s dissent, condemning “separate but equal” in Plessy v. Ferguson, became the law of the land in Brown v. Board of Education. Louis Brandeis’s dissent in Olmstead v. United States, where he urged a less cramped understanding of search and seizure protections, was adopted by in Katz v. United States. Hugo Black’s dissent in Betts v. Brady, arguing…
There are famous dissents that were right when written and were ultimately vindicated in cherished landmarks. John Marshall Harlan’s dissent, condemning “separate but equal” in Plessy v. Ferguson, became the law of the land in Brown v. Board of Education. Louis Brandeis’s dissent in Olmstead v. United States, where he urged a less cramped understanding of search and seizure protections, was adopted by in Katz v. United States. Hugo Black’s dissent in Betts v. Brady, arguing…
In the last two posts, we looked at the sharp drop in criminal appeals (Criminal Leave Applications [CLA’s]) granted at the Court of Appeals in the past few years and at the frequency–and rarity–of grants by each of the Judges. Now let’s see how the Court has been deciding those appeals and how each Judge has been voting: pro-prosecution versus pro-accused. We saw that the Judges collectively granted 36 criminal appeals last year. Of …
We previously looked at the stark disparity among the Court of Appeals Judges in the number of CLA’s (Crimnal Leave Applications) they granted last year. Some Judges had comparatively high numbers. Others very low. These figures underscore what is well known by attorneys who practice before New York’s highest court, as well as by those who have worked there and by those who study it. Getting permission to argue a criminal appeal before the Court…
We previously looked at the stark disparity among the Court of Appeals Judges in the number of CLA’s (Crimnal Leave Applications) they granted last year. Some Judges had comparatively high numbers. Others very low. These figures underscore what is well known by attorneys who practice before New York’s highest court, as well as by those who have worked there and by those who study it. Getting permission to argue a criminal appeal before the Court…
First, some background. CLA’s (Criminal Leave Applications) are petitions to the Court of Appeals, NY’s highest court, asking it to review a decision by a lower court. But, as those who are familiar with Court of Appeals practice know, these CLA’s are handled quite differently than other matters. Unlike other decisions made by the Court of Appeals–whether it be on a case or a motion or even a petition to hear a civil appeal–decisions on…