§Why CasetextPricing

The People, Appellant,v.Kenneth Nealon, Respondent.

Brief

76 Cited authorities

  1. Engle v. Isaac

    456 U.S. 107 (1982)   Cited 6,367 times   4 Legal Analyses
    Holding burden to demonstrate cause and prejudice is far "greater than the showing required to establish plain error on direct appeal"

  2. Morris v. Slappy

    461 U.S. 1 (1983)   Cited 2,255 times
    Holding that Sixth Amendment right to counsel does not guarantee "meaningful relationship" with counsel

  3. United States v. Mechanik

    475 U.S. 66 (1986)   Cited 1,267 times   2 Legal Analyses
    Holding that "the petit jury's verdict rendered harmless any [Rule 6(d)] error in the [grand jury's] charging decision"

  4. People v. O'Rama

    78 N.Y.2d 270 (N.Y. 1991)   Cited 571 times   4 Legal Analyses
    Holding the defendant was prejudiced when the court failed to read a portion of the jury note stating jury was split "6/6," told counsel the jury was experiencing "continued disagreements," and subsequently issued a supplemental instruction urging a verdict

  5. People v. Antommarchi

    80 N.Y.2d 247 (N.Y. 1992)   Cited 541 times
    Recognizing a defendant's right to be present at sidebar conferences during jury selection

  6. People v. Malloy

    55 N.Y.2d 296 (N.Y. 1982)   Cited 483 times   1 Legal Analyses
    Holding that charge defining reasonable doubt as "a doubt for which you can conscientiously express a reason" was "neither confusing nor inaccurate"

  7. People v. Dokes

    79 N.Y.2d 656 (N.Y. 1992)   Cited 305 times   2 Legal Analyses
    Holding defendant's presence required at Sandoval hearing

  8. People v. Favor

    82 N.Y.2d 254 (N.Y. 1993)   Cited 247 times
    Holding right to be present at Sandoval hearing conferred by state law

  9. Carrion v. Smith

    549 F.3d 583 (2d Cir. 2008)   Cited 151 times   2 Legal Analyses
    Holding "no error in . . . reliance on [defense counsel's] testimony concerning his usual practice. . . ."

  10. People v. Velasquez

    1 N.Y.3d 44 (N.Y. 2003)   Cited 164 times   1 Legal Analyses
    Noting that a "presumption of regularity attaches to judicial proceedings," which "may be overcome only by substantial evidence," not mere speculation

  11. Rule 406 - Habit; Routine Practice

    Fed. R. Evid. 406   Cited 735 times   3 Legal Analyses
    Stating that evidence of an organization's routine practice can be admitted to prove that the organization acted in accordance with that routine practice on a particular occasion