Recently we reported in our blog that a DWI conviction was vacated on grounds of ineffective assistance of counsel where the lawyer simply had his client plead guilty to Driving While Intoxicated without conducting an investigation into the evidence in the case. Now, just last week, the United States Supreme…
The New York State Appellate Court sitting in Brooklyn ordered a new trial for Anthony DiPippo who was convicted of rape and murder back in 1997. It was since discovered that Mr. DiPippo’s attorney in 1997 had a conflict of interest which denied Mr. DiPippo effective assistance of counsel. Attorneys…
The Appellate Division of the Supreme Court, Second Department unanimously overturned a Murder conviction from Nassau County because the trial Court committed a series of errors which combined to deny the defendant a fair trial. In People v. Terraine Slide the Court ruled that permitting the prosecutor to ask the…
In a unanimous ruling, issued yesterday and reported on the front page of today’s New York Law Journal, the Appellate Division unanimously revered the conviction of a carjacker who had been sentenced to 5 1/2 years in prison because of repeated, improper comments made to a criminal defense lawyer in…
According to today’s newspapers the NYPD Cop accused of killing a woman while driving in an intoxicated condition, had a blood alcohol content of 0.0 indicating that no alcohol was present in the officers blood seven hours after the incident. The blood was not drawn for seven hours after the…
Currently, Tilem & Campbell has one appeal pending before the United States Court of Appeals for the Second Circuit challenging the constitutionality of the previously discussed 100:1 powder cocaine v. crack cocaine sentencing discrepancy. Tilem & Campbell has another Federal Narcotics case for which it is preparing the appeal now.…
As experienced New York and Federal criminal defense lawyers, we keep track of changes and proposed changes in the law that may effect our clients. When appropriate, and as part of the effort of our effort, though this blog to educate the public, our clients and our friends, we post…
The case of Blakely v. Washington decided in 2004, significantly changed New York and Federal sentencing and substantially altered the way experienced criminal defense lawyers handled their most serious cases. It also led to the change in the once mandatory federal sentencing guidelines to a system that is now now…
As I have been discussing in previous blogs, the rationale behind the 100:1 powder cocaine to crack cocaine sentencing disparity has been proven to be unfounded and false. Yet another argument the New York criminal defense firm Tilem & Campbell is raising in one of our appellate challenges to the…
As I have previously discussed, Congress justified Draconian mandatory minimum sentences for federal crack cocaine offenses upon their mistaken belief that, among other things, crack cocaine was more dangerous than powder cocaine because it was believed to be more addictive and create more violence than powder cocaine; that it was…