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#583 Third Department Caselaw Round-Up for April 25, 2013

April 24, 2014

582 Post 04-25-13 Third Department April.pngHere's an interesting case with a fact pattern that I've never seen before. It also involves dueling attorneys. And, as usual, the footnote is quite telling.

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#582 Third Department Caselaw Round-Up for April 25, 2013

April 22, 2014

581 Post 04-25-13 Third Department April.pngUsually, I engage in a cursory reading of a decision, garnering the basic facts, making a snap decision, and then discovering if the Third Department agrees with me. Most of the time, we're in agreement. Sometimes we're not, such as in SORA appeals. But the result in this case was not what I expected at first. So, I read the decision more carefully.

The second time around, I realized that the problem I have with this case is not so much the result, which is just, under all the circumstances, but the process. Sure, people are under no mandate to retain or be assigned attorneys. But pro se representation - especially for purposes of a trial - is usually a very bad idea, as this case makes perfectly clear.

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#581 Third Department Caselaw Round-Up for April 25, 2013

April 21, 2014

580 Post 04-25-13 Third Department April.pngSeriously, you've GOT to read the footnotes on these decisions. Why? Because the footnotes often contain much of the Court's humor. Footnotes 1, 2, and 3 were dry enough, so I expected the same from footnote 4 - only to do a spit-take all over my desk. Very funny, Third Department!

The great thing about footnote 4 is that it is so unexpected. Talk about comedic timing! And it comes at the very end of the decision, after the Clerk of the Court's signature. In fact, you'd probably miss it if you weren't looking for it. And the humor, this time around, has a passive-aggressive bent to it, telling me that the respondent in this case was found to be none-too-sympathetic.

Again: the wit and wisdom of the Third Department is to be found in these footnotes.

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#580 Third Department Caselaw Round-Up for April 18, 2013

April 20, 2014

579 Post 04-18-13 Third Department April.pngAs much as I love delving deep into a complicated decision, which might entail reading it a half-dozen times to fully glean every last nugget of wit and wisdom from it, it is refreshing every now and then to have a brief decision to review in a single reading and then move on to the next one. So, here's another Anders brief.

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#579 Third Department Caselaw Round-Up for April 18, 2013

April 19, 2014

578 Post 04-18-13 Third Department April.pngEver wonder what would happen if you took a plea deal, made bail, and decided that you wanted to indulge in some irresponsible behavior, and then decided that you really didn't want to appear for your sentencing? Well, wonder no further.

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#578 Third Department Caselaw Round-Up for April 18, 2013

April 18, 2014

577 Post 04-18-13 Third Department April.pngWow. I've now analyzed 500 decisions from the Third Department. Hopefully, that's just the beginning in a long line of these wonderful decisions. As I have repeatedly mentioned, they are issued almost every Thursday, usually in the early afternoon. And, like clockwork, every Thursday I eagerly await lunchtime so I can get on the computer and check out the Third Department's website. Some weeks are slim pickings while other weeks have almost two dozen pertinent cases to look at.

To me, every Thursday is as though the Third Department has issued an anthology of its work - a package of short stories to both educate and entertain. But that's just me.

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#577 Third Department Caselaw Round-Up for April 18, 2013

April 17, 2014

576 Post 04-18-13 Third Department April.pngI guess it's been a while since we've seen an Anders Brief. Well, wait no longer.

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#576 Third Department Caselaw Round-Up for April 11, 2013

April 16, 2014

575 Post 04-11-13 Third Department April.pngWhile this case is ostensibly one involving a sex offender, it's really more about how much stupid can be stored in a single person.

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#575 Third Department Caselaw Round-Up for April 11, 2013

April 16, 2014

574 Post 04-11-13 Third Department April.pngIf the issue of children being sexually abused isn't horrible enough, here is a case wherein a child is brutally beaten and killed. When I first read this decision, I thought the defendant was a monster. Upon further readings, I think the defendant is just a normal human being who, when he lost control of his temper, also lost all sense of proportionality as he handed out a fatal beating to a young child. No anger management skills + few parenting skills = horrible consequences. This happens all too often.

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#574 Third Department Caselaw Round-Up for April 11, 2013

April 14, 2014

573 Post 04-11-13 Third Department April.pngIt's sex offender time once again. Which means it's time once again to pretend to engage in due process.

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#573 Third Department Caselaw Round-Up for April 11, 2013

April 13, 2014

572 Post 04-11-13 Third Department April.pngGet ready for another really sick one. And it gives the phrase "snuggle time" a horrible new meaning.

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#571 Third Department Caselaw Round-Up for April 4, 2013

April 11, 2014

571 Post 04-04-13 Third Department April.pngAnd here we are at last: an appeal of mine. I remember it well. I agonized over submitting an Anders brief on this one simply because there was so little to work with. And, largely because I have now reached the point where I loathe submitting Anders briefs wherever and whenever I can, I opted to get a bit creative. Not to worry: the Third Department saw right through me. So, why did I do it? Sorry, but I could not let such a beautiful fact pattern go to waste. I mean, c'mon! How many times are you going to get the chance to tell the tale of a guy with a machine gun - a machine gun! - in his trunk!?

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#570 Third Department Caselaw Round-Up for April 4, 2013

April 10, 2014

570 Post 04-04-13 Third Department April.pngAnd now for something not so completely different: a level 3 sex offender. Also, when something specific is mentioned in a piece of writing, it's almost always mentioned for a particular reason. Otherwise, why bother to mention it when you could simply gloss over it with a generality. No, my guess is that some judge or chief clerk in the Third Department is not overly fond of ... dare I say it? ... Chuck E. Cheese.

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#569 Third Department Caselaw Round-Up for April 4, 2013

April 9, 2014

569 Post 04-04-13 Third Department April.pngThis is a depraved one, so you've been forewarned. Just reading this decision made me cringe. I simply cannot comprehend how children can be perceived as sexual objects by other humans. Sure, there's a fine line between 18 and 19 and all that jazz. Yes, that's a wonderful distinction I've heard from far too many past clients. But, what about 4? Sickening. And if you really want to wallow in disgust, make sure to read the footnotes.

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#568 Third Department Caselaw Round-Up for April 4, 2013

April 8, 2014

568 Post 04-04-13 Third Department April.pngHere's another short one and it stands for two simple propositions: 1) if you want to appeal an order, then you need to file a timely notice of appeal and 2) if you want the appeal to be timely, then you had best perfect it before the underlying order expires, thereby, in all likelihood, rendering your appeal moot.

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