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In 1971, most of the common-law, coram nobis types of relief were abrogated when the New York Criminal Procedure Law § 440.10 (CPL 440.10) was enacted to embrace the deprivation of constitutional rights outside the record; however, the specific category of "ineffective assistance of appellate counsel" was not specified by the Legislature at ...
N.Y. Crim. Proc. Law § 210.40 grants the defendant (or the prosecutor or the court) the power to apply for relief: . First, it directs the court to find, under the general concept of the "furtherance of justice" stated in its provisions, that the "dismissal is required as a matter of judicial discretion by the existence of some compelling factor, consideration or circumstance clearly ...
Case name Citation Date decided Friedman v. Rogers: 440 U.S. 1: 1979: Office of Workers' Comp. Programs v. Rasmussen: 440 U.S. 29: 1979: Butner v. United States
The law now provides, in relevant part, that a motion to vacate a judgment of conviction may be granted where: "...the arresting charge was under section 240.37 (loitering for the purpose of engaging in a prostitution offense, provided that the defendant was not alleged to be loitering for the purpose of patronizing a prostitute or promoting ...
A motion for more definite statement in many jurisdictions in the United States, and under United States federal law, is a means of obtaining a more detailed motion from the opposing party in a civil case before interposing a responsive pleading. In federal jurisprudence, the motion is permitted by Rule 12(e) of The Federal Rules of Civil ...
Forum non conveniens (Latin for "an inconvenient forum" [1] [2] [3]) (FNC) is a mostly common law legal doctrine through which a court acknowledges that another forum or court where the case might have been brought is a more appropriate venue for a legal case, and dismisses the case.
Clinton v. City of New York, 524 U.S. 417 (1998), [1] was a landmark decision by the Supreme Court of the United States in which the Court held, 6–3, that the line-item veto, as implemented in the Line Item Veto Act of 1996, violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United States the power to unilaterally amend or ...
A subsidiary motion is a type of motion by which a deliberative assembly deals directly with a main motion prior to (or instead of) voting on the main motion itself. [12] Each subsidiary motion ranks higher than the main motion and lower than the privileged motions, and also yields to applicable incidental motions.