OAD LAUNCHES "PEER EMPOWERMENT GROUP" FOR RE-ENTRY CLIENTS
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 FOUNDER AND BOARD MEMBER JOSH ROSENKRANZ NAMED LITIGATOR OF THE YEAR
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.
OAD WINS SENTENCE MODIFICATION
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.
APPELLATE DIVISION REVERSES CONVICTION AND VACATES GUILTY PLEA WHERE DEFENDANT NOT PROPERLY ADVISED OF POTENTIAL PRS TERM
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.
APPELLATE DIVISION VACATES MURDER CONVICTION AND 25 YEARS TO LIFE SENTENCE AND ORDERS NEW TRIAL BASED ON INEFFECTIVE ASSISTANCE OF COUNSEL
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.
APPELLATE DIVISION REVERSES DENIAL OF RESENTENCING IN DRUG CASE
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.
COURT OF APPEALS AFFIRMS APPELLATE DIVISION ORDER OF SUPPRESSION BASED ON ARREST WITHOUT PROBABLE CAUSE
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.
OAD OBTAINS REVERSAL OF PRISON DISCIPLINARY RULING
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 AWARDED NLADA BEACON OF JUSTICE AWARD FOR APPELLATE PRO BONO WORK
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.
OAD WINS MAJOR SENTENCE REDUCTION
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.
FORMER OAD STAFF ATTORNEY NAMED AS JUDGE ON THE D.C. COURT OF APPEALS
Judge Easterly's formal Investiture Ceremony will be 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.