FORMER OAD STAFF ATTORNEY NAMED "UP & COMING LAWYER" IN MASSACHUSETTS OAD WINS SENTENCE REDUCTION JUDGE SUSAN PHILLIPS READ GRANTS LEAVE TO APPEAL TO THE COURT OF APPEALS IN TWO OAD CASES ON SAME DAY APPELLATE DIVISION VACATES CONVICTION AND GRANTS YOUTHFUL OFFENDER STATUS TO YOUNG OAD CLIENT OAD BOARD MEMBER AND NYU SCHOOL OF LAW VICE DEAN RANDY HERTZ PREVIEWS SUPREME COURT ARGUMENTS IN JUVENILE LIFE WITHOUT PAROLE CASES AND URGES REJECTION OF SUCH SENTENCES APPELLATE DIVISION REVERSES CONVICTION BASED ON ERRONEOUS REVERSE-BATSON RULING OAD LAUNCHES "PEER EMPOWERMENT GROUP" FOR RE-ENTRY CLIENTS OAD FOUNDER AND BOARD MEMBER JOSH ROSENKRANZ NAMED LITIGATOR OF THE YEAR OAD WINS SENTENCE MODIFICATION APPELLATE DIVISION REVERSES CONVICTION AND VACATES GUILTY PLEA WHERE DEFENDANT NOT PROPERLY ADVISED OF POTENTIAL PRS TERM APPELLATE DIVISION VACATES MURDER CONVICTION AND 25 YEARS TO LIFE SENTENCE AND ORDERS NEW TRIAL BASED ON INEFFECTIVE ASSISTANCE OF COUNSEL APPELLATE DIVISION REVERSES DENIAL OF RESENTENCING IN DRUG CASE
COURT OF APPEALS AFFIRMS APPELLATE DIVISION ORDER OF SUPPRESSION BASED ON ARREST WITHOUT PROBABLE CAUSE OAD OBTAINS REVERSAL OF PRISON DISCIPLINARY RULING JONES DAY AWARDED NLADA BEACON OF JUSTICE AWARD FOR APPELLATE PRO BONO WORK OAD WINS MAJOR SENTENCE REDUCTION FORMER OAD STAFF ATTORNEY NAMED AS JUDGE ON THE D.C. COURT OF APPEALS
OAD alumna Rebecca Jacobstein, who represents indigent defendants on appeal in Massachusetts, has been named a “2012 Up & Coming Lawyer” by the Massachusetts Lawyers Weekly. She will receive an award at the Excellence in the Law banquet at the Fairmont Copley Plaza in Boston on May 10, 2012. Rebecca joined OAD in September, 2001, after graduating from Harvard Law School. After two years as an OAD Staff Attorney, she practiced as a trial attorney at the New Hampshire Public Defenders Office, and then did policy work at The Spanenberg Group. In January, 2009, she opened her own office, Office of Appellate Advocacy, through which she represents clients in post-conviction proceedings in state and federal court. To read about the event, and to purchase tickets, click here.
On May 1, 2012, the Appellate Division modified the sentence imposed on OAD client James Crooks on his burglary conviction, by reducing the term from 8 years to 5 years. Despite his prior record, the Court recognized the correlation between Mr. Crooks' struggles with drug addiction and homelessness and his offense. Mr. Crooks is represented by Lauren Stephens-Davidowitz. To read the decision, click here.
In a rare happenstance, Court of Appeals Judge Susan Phillips Read granted leave to appeal in two OAD cases on the same day. On April 16, 2012, Judge Read granted leave in People v. Kirk Hanley, an appeal raising the issue of whether a defendant who enters a guilty plea thereby forfeits his right to appellate review of the claim that his kidnapping conviction “merges” with his conviction for another offense. On the same day, Judge Read granted leave in People v. Austin Cornelius, an appeal raising the issue of whether a so-called "trespass notice" -- a notice barring an individual from entering a store -- is "testimonial" in nature, such that its admission as a business record nevertheless violates the Confrontation Clause. For more information about these and other recent leave grants, click here.
In a welcome exercise of its interest of justice review power, the Appellate Division vacated the robbery conviction of OAD client Frank C., who was 16 years old at the time of the crime and, instead, adjudicated him a youthful offender. The court agreed that, given his age, the probation department's recommendation, and Frank C.'s intoxication at the time of the offense, youthful offender treatment was warranted. As a result, Frank C.'s sentence was reduced from a determinate five-year term to an indeterminate term of 11/3 to 4 years. In addition, by virtue of this decision, Frank C. will not have a criminal conviction on his record, and the records of this case will be sealed, allowing him an opportunity to move forward in his life without the debilitating impact of a criminal record. Frank C. is represented by Risa Gerson, along with NYU Criminal Appellate Defender Clinic student Michael Pabian. To read the decision, click here.
Long-time OAD Board Member and NYU School of Law Vice Dean Randy Hertz published an article in the March 13, 2012 issue of The Nation, entitled "Why Life Without Parole is Wrong for Juveniles." The article previews the March 20th oral arguments in the U.S. Supreme Court in two cases challenging LWOP sentences imposed on juveniles, and persuasively argues why such punishments should be found unconstitutional. To read the article, click here.
On February 28, 2012, the Appellate Division unanimously reversed the drug possession and assault conviction of OAD client Melville Powell and ordered a new trial. The court agreed with OAD's argument that the trial judge improperly granted the prosecution's reverse-Batson challenge and disallowed three peremptory challenges during jury selection. The Appellate Division held that defense counsel for Mr. Powell gave vailid and non-pretextual race-neutral reasons when questioned about her challenges. Mr. Powell is represented by Anastasia Heeger.
To read the decision, click here
In an effort to enrich our services to clients re-entering the community from incarceration, this January the Social Work/Re-Entry Program started OAD's first-ever client group, named the Peer Empowerment Group. The Peer Empowerment Group will meet for eight sessions and offers clients an opportunity to share information, build skills, and support each other through the re-entry process. Guest speakers from outside organizations will present specific workshops at several of the meetings, and OAD's Director of Social Work, Nicole Rochat, and Social Work interns, Katie Mulcahy and Stephanie Stroh, will facilitate their own curriculum at the remainder of the meetings. We look forward to an inspiring, empowering, and productive spring for all involved!
OAD's founding Attorney-in-Charge and President, E. Joshua Rosenkranz, has been named one of only three Litigators of the Year by the American Lawyer. This prestigious award recognizes Josh as a member of a very select group of extraordinary nationally prominent litigators. Since Josh left OAD in 1996, he founded and ran the Brennan Center for Justice and is currently a partner at Orrick, Herrington & Sutcliffe LLP, where he heads the firm's Supreme Court and Appellate Litigation Practice. Josh is the 2009 recipient of OAD's Gould Award for Outstanding Oral Advocacy and remains a member of OAD's Board of Directors. The Board and Staff of OAD congratulate Josh on this honor. To read more, click here.
On January 19, 2012, the Appellate Division modified the sentence imposed on OAD client Johnathan Padworski, also known as Gerald Davis, on his violation of probation, by running the term of 1 to 4 years concurrently with his 2 to 4 year term on a separate case, instead of running consecutively as imposed by the trial court. As a result, Mr. Padworski will have completed his sentences and will be discharged from parole supervision. On his earlier appeal filed by OAD, the Appellate Division had vacated the sentence and ordered a hearing on the probation violation after Manhattan Supreme Court Justice Carol Berkman had sentenced Mr. Padworski without affording him a hearing. On remand, Justice Berkman held a hearing but imposed the same consecutive sentence. Mr. Padworski is represented by Eunice C. Lee.
To read the decision, click here.
On January 17, 2012, the Appellate Division reversed the conviction and vacated the guilty plea in Ramon Rivera's case. Mr. Rivera entered a conditional guilty plea to criminal sale of a controlled substance in the fourth degree, with the understanding that if he completed a drug treatment program the charge would be dismissed, but that if he absconded, he could be sentenced to eight years in prison. Although the judge also mentioned that Mr. Rivera would be subject to a term of post-release supervision (PRS), she neglected to specify the length of the term. Because Mr. Rivera violated the agreement by leaving the program and going to Florida to help his mother, he was sentenced to eight years in prison and three years PRS. The Appellate Division agreed with OAD that where the court failed to advise Mr. Rivera as to the length of the potential PRS term, the plea was not knowing, intelligent, and voluntary. Mr. Rivera is represented by Lauren Stephens-Davidowitz.
To read the decision, click here.
On December 27, 2011, the Appellate Division reversed the order of Bronx Supreme Court Justice David Stadtmauer denying George Oliveras's motion to vacate his conviction pursuant to Criminal Porcedure Law Section 440.10. The Appellate Division, in a 3-2 decision, granted the motion, vacated Mr. Oliveras's conviction for second degree murder and his sentence of 25 years to life, and ordered a new trial. The Court agreed with OAD that Mr. Oliveras was denied his constitutional right to effective assistance of counsel, where his trial attorney failed to obtain psychiatric records that would have supported his defense that his confession -- the centerpiece of the prosecution's case -- was false and coerced by the police, who took advantage of Mr. Oliveras's history of mental illness to overcome his will and extract the confession. This case marks a major success for OAD's Reinvestigation Project, which uncovered the psychiatric evidence and other indicia of innocence. Mr. Oliveras was represented by OAD's Director of Reinvestigation, Risa Gerson, along with Dan Roeser and Tim Kline, of Cravath, Swaine & Moore, who worked on the case through OAD's Volunteer Appellate Defender Program.
To read the decision, click here.
On December 20, 2011, the Appellate Division reversed the order of Justice Lewis Bart Stone denying Herbert Cephas's resentence application under the Drug Law Reform Act of 2009. Mr. Cephas was convicted of criminal sale of a controlled substance in the third degree for selling a single bag of heroin. Justice Stone sentenced him as a discretionary persistent felony offender to an indeternminate term of 15 years to life. After passage of the 2009 drug law reforms, Mr. Cephas applied for resentencing. However, Justice Stone found that "substantial justice" dictated denial of the application. The Appellate Division, citing Mr. Cephas's "exemplary" prison record and other positive factors, reversed the ruling below and granted Mr. Cephas's resentencing application. As a result, Mr. Cephas will be resentenced to a determinate term of 12 years and immediately released from incarceration. Mr. Cephas is represented by Risa Gerson.
To read the decision, click here.
On December 13, 2011, the Court of Appeals upheld the Appellate Division's decision granting Akinlowo Omowale's motion to suppress drugs and weapons seized by the police after a stop of Mr. Omowale's automobile. The Court held that the Appellate Division decision, which found that the police arrested Mr. Omowale without probable cause, was based on factual findings and was, thus, beyond the review of the Court of Appeals. Thus, the Court dismissed the People's appeal. In a second car search case, the Court upheld the Appellate Divison's decision denying suppression. As a result of this decision, Mr. Omowale will have to serve 7 years in prison instead of 15 years. Mr. Omowale was represented by Rosemary Herbert.
To read the decision, click here.
On December 7, 2011, the Department of Corrections and Community Supervision granted OAD's appeal from a disciplinary determination finding OAD client Demetrius Stanley guilty of extorting money from other inmates in exchange for copying their legal papers and sentencing him to three months in solitary confinement (SHU). OAD's appeal demonstrated that the charges were unfounded and that the disciplinary hearing was legally flawed. As a result of this decision, Mr. Stanley was released from SHU and the infraction expunged from his record. Mr. Stanley is represented by Sara Gurwitch.
Jones Day,
a long-time major participant in, and ardent supporter of, OAD's Volunteer Appellate Defender Program, was recognized with a Beacon of Justice Award by the National Legal Aid and Defender Association for the firm's "Innovative Public-Private Partnership that Protects Equal Justice for All Through Appellate Litigation." OAD Chair Tom Heyman accepted the award for Jones Day at at the NLADA Exemplar Award Dinner in Washington, D.C., on December 6, 2011.
On December 1, 2011, the Appellate Division reduced the sentence imposed on OAD client Brian McFadden from an aggregate indeterminate term of 43 1/2 years to life to the minimum possible term of 20 years to life. Mr. McFadden was convicted of a carjacking and an attempted carjacking. OAD will be seeking leave to appeal to the Court of Appeals to address legal errors in the case that go to the question of guilt or innocence. Mr. McFadden is represented by Lauren Stephens-Davidowitz. To read the decision, click here.
Judge Easterly's formal Investiture Ceremony was held on February 10, 2012.
OAD's 18th annual First Monday in October event was held on October 3, 2011, at NYU School of Law. Paul C. Saunders, of Cravath, Swaine & Moore, LLP, and Kathleen M. Sullivan, of Quinn Emanuel Urquhart & Sullivan, LLP, and the former Dean of Stanford Law School, were the evening’s Advocates and honorees. To read more, click here.
To read more, click here
OAD RECOGNIZED BY NY STATE BAR ASSOCIATION
On June 17, 2011, OAD was presented with the New York State Bar Association's 2011 Award for Outstanding Achievements in Promoting Standards of Excellence in Quality Mandated Representation. The award was presented to OAD Attorney-in-Charge Rick Greenberg by NYSBA President Vincent E. Doyle III and Norman Effman, Chair of the Committee to Ensure Quality Mandated Representation.
cases. To read more, click here.