www.appellate-litigation.org/cases_waiting.php -
[Cached Version]
Published on: 10/12/2008
Last Visited: 2/24/2008
ISSUE PRESENTED: Whether the sentencing court's failure to pronounce in open court a period of post-release supervision as part of the sentence renders the post-release supervision component of the sentence invalid (Earley v. Murray); effect of clerk's written notation on the "sentence and commitment" sheet. (Assigned counsel: David M. Klem & Robert S. Dean, Center for Appellate Litigation, 74 Trinity Place, 11th Floor, NYC 10006.)
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ISSUES PRESENTED: (1) Whether the sentencing court's failure to pronounce in open court a period of post-release supervision as part of the sentence renders the post-release supervision component of the sentence invalid (Earley v. Murray); effect of clerk's written notation on the clerk's worksheet. (2) Trial court's refusal to charge third-degree arson as a lesser-included-offense of second-degree arson. (Assigned counsel: Barbara Zolot & Robert S. Dean, Center for Appellate Litigation, 74 Trinity Place, 11th Floor, NYC 10006.)
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(Assigned counsel: Claudia S. Trupp & Robert S. Dean, Center for Appellate Litigation, 74 Trinity Place, 11th Floor, NYC 10006.)
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ISSUE PRESENTED: Whether the sentencing court's failure to pronounce in open court a period of post-release supervision as part of the sentence renders the post-release supervision component of the sentence invalid (Earley v. Murray); effect of otherwise-valid appeal waiver on ability to raise issue. (Assigned counsel: Robert S. Dean, Center for Appellate Litigation, 74 Trinity Place, 11th Floor, NYC 10006.)
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Whether this relief was inappropriate because the State and Federal Double Jeopardy Clauses bar retrial on the first-degree manslaughter count because it is the "same offense" as the already-acquitted intentional murder count. (Assigned counsel: Mark Zeno and Robert S. Dean, Center for Appellate Litigation, 74 Trinity Place, 11th Floor, NYC 10006.)
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ISSUES PRESENTED: (1) Whether, where the People seek a court-ordered lineup, the court is authorized to order that the lineup be conducted double-blind and/or sequentially. (2) The standard for weight-of-the-evidence review of depraved indifference murder convictions where the case is tried pre- Feingold. (Assigned counsel: Laura Burde and Robert S. Dean, Center for Appellate Litigation, 74 Trinity Place, 11th Floor, NYC 10006.)
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ISSUE PRESENTED: Whether, where the trial judge grants a reverse-Batson challenge, the forfeiture of the peremptory challenge used to unsuccessfully strike the juror is an appropriate remedy; the First Department said no. (Assigned counsel: Carol A. Zeldin and Robert S. Dean, Center for Appellate Litigation, 74 Trinity Place, 11th Floor, NYC 10006.)