By Richard M. Langone, Esq. Every attorney representing state prisoners seeking federal habeas corpus relief should read, three times – carefully! – Habeas after Pinholster by Professor Samuel R. Wiseman. The article examines the significance of the Supreme Court’s recent holding in Culle ..
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Federal Habeas Corpus After Cullen v. Pinholster
“Garraige” instead of “Marriage” may avoid confusion
Why don't we call gay marraige another word, such as "garraige"? The word "marraige" has biblical and historic understanding of being the union on man and woman. Giving same sex couples all the same rights is equal justice for all. By referring to same sex unions by another word such as "garraige" w ..
Kyle Freda gets YO Adjusication
Rich, YOU DID IT! Kyle received the YO adjudication that he deserved. I can never thank you enough! Thanks to you, Joel, and a man named Reece Rudolph; Kyle is no longer a convicted felon for the rest of his life. Thank you. Donna Freda I just received this from the mother of Kyle Freda, ..
Potential youthful offenders (juveniles) are entitled to resentencing
A juvenile who was not considered for youthful offender treatment at the time of sentencing is automatically entitled to resentencing in New York if he or she had filed a notice appeal and is eligible for YO treatment, says the DA in Sullivan County, NY, in a case I recently won, I.e., People v. Kyl ..
Youthful Offender Treatment, Time to Apply Extended
The Appellate Division, Third Department, held today in People v. Kyle Freda that an eligible youthful offender may have his right to appeal reinstated even if there was an appeal waiver as part of a plea bargain agreement, and even if no notice of appeal was timely filed, provided the motion to fil ..
Eligibility For Youthful Offender Treatment
The New York Court of Appeals recently ruled in People v. Reece Rudolph that persons under 19 years old who are eligible for Youthful Offender treatment are entitled to be considered for it and must be considered for it by the sentencing court. This right cannot be waived as proof a plea agreement. ..