tag:blogger.com,1999:blog-253740687045404312.post6860916885911862992..comments2024-01-23T08:05:19.898-05:00Comments on New York Criminal Defense: People v Smith, from the Court of Appeals yesterdayBrian Shiffrinhttp://www.blogger.com/profile/10237352678322961062noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-253740687045404312.post-73795953337385819232016-08-29T03:01:48.073-04:002016-08-29T03:01:48.073-04:00That is a due process, equal protection and access...That is a due process, equal protection and access to court problem that appellants from New York justice courts can readily challenge in federal courts after People v Smith.<br /><br />Moreover, if New York State Court of Appeals insists that the electronic record created in local justice courts - and in other courts of record - is not an equivalent of the actual court record, then the court's obligation was to actually appear proceedings in such courts invalid as unconstitutional, because a person may not be deprived of liberty or property without due process of law, and where the court is "not of record", and the transcript from this court does not constitute an "equivalent of court record", such courts should not be allowed to handle proceedings involving people's constitutional rights.Ignacio bufkinnhttp://www.omofomalaw.com/noreply@blogger.comtag:blogger.com,1999:blog-253740687045404312.post-46698835031919659842016-07-27T13:45:07.616-04:002016-07-27T13:45:07.616-04:00But Smith also held: "Where a lawsuit has not...But Smith also held: "Where a lawsuit has not resulted in an adverse finding against a police officer, as is the case with these three appeals, defendants should not be permitted to ask a witness if he or she has been sued, if the case was settled (unless there was an admission of wrongdoing) or if the criminal charges related to the plaintiffs in those actions were dismissed." So, in such circumstances, how effective can the cross really be? Q: "Isn't it true that you planted evidence on Aug. 1, 2012 when you arrested Prior Civil Litigant X?" A: "No, it's not true." What do you do with that? When you can't even bring out that Prior Civil Litigant has sued the officer, it looks like you're flailing around in bad faith. Anonymousnoreply@blogger.com