Under Massachusetts procedure, a ‘two-tier’ system is utilized for trial of a variety of criminal charges. The initial trial under this system is in a county district court or the Municipal Court of the City of Boston. No jury is available in these courts, but persons who are convicted in…
This involves a criminal jurisdiction case where it was ruled that the courts of the United States have jurisdiction, under section 5346 of the Revised Statutes, to try a person for an assault with a dangerous weapon, committed on a vessel belonging to a citizen of the United States, when…
On January 20, 1984, two police officers were on patrol in a marked police car, when they observed a white, 2-door Pontiac stopped or standing adjacent to a fire hydrant, at the intersection in the Bronx. The police officer who had been operating the patrol car stopped and requested the…
This case involves two federal prescriptions: the one-year limitation period imposed on federal habeas corpus petitioners by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U. S. C. § 2244(d)(1); and the rule that pleading amendments relate back to the filing date of the original pleading when…
At about 6:30 p.m., a 15 year old boy violated the criminal law. The boy was in unlawful barbiturates possession (Drug Possession) that can only be obtained by a doctor’s prescription. The boy, prior to his arrest, has been observed by the witness being approached by another youth who placed…
This case is taking place in the Appellate Division of the Supreme Court of New York, Second Department. The appellant in the matter is the People of the State of New York. The respondent in the case is F.W. The defendant is appealing a judgment made by the County Court…
This proceeding is taking place in the Supreme Court of the State of New York in St. Lawrence County. The case deals for a judgment that is pursuant to Article 78 of CPLR that was originated by a petition made by T.J. and verified on the 13th of November, 2007.…
The defendant in this case, R.C., is appealing a judgment made by the Supreme Court of Suffolk County. The judgment convicted the appellant of criminal sale of a controlled substance in the third degree. A New York Criminal Lawyer said the appeal brings up issues of denial of the defendant’s…
The respondent of this case is the People of the State of New York. The appellant in the case is M.T. This case is being heard in the Supreme Court of the State of New York, Appellate Division, Second Department. M.T. is appealing a decision that denied his motion to…
The People of the State of New York are the respondents and Zachary R. Gibian is the appellant in this case being held in the Supreme Court of the State of New York, Appellate Division, Second Judicial Department. The defendant is appealing a judgment made by the Supreme Court of…