Tag Archive: Sixth Amendment

Jul 11 2012

Exclusion of Defendant’s Wife During Jury Selection Causes Reversal of Conviction

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That pesky Constitution got in the way of a criminal conviction yet again in the case of People v. Torres a 2011 case out of Onandaga County in Upstate NY. Vincent Torres was convicted by a jury of burglary,sodomy and sexual abuse. Onondaga County Judge William Walsh barred the defendant’s wife from the courtroom for …

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Jun 21 2012

Nothing is Simple With This Supreme Court

As the nation waits for the Supreme Court to rule on the President’s Health Care Program, I expect the decision will be a greatly splintered and divided one which will most likely add to the run of 5-4 decisions that will be the Roberts Court’s legacy. Without a doubt, this is the most polarized and …

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Mar 01 2011

Supremes Disappoint With Latest Case on Confrontation

Yesterday the US Supreme Court  issued a ruling that severely weakened an important right contained in the Constitution.  The Sixth Amendment contains The Confrontation Clause: “In all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him.”  While much of the Constitution is derived from English law this basic right …

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