ECBAWM Attorneys Named ALM Litigators of the Week for Work on Historic Wrongful Conviction Suit George Bell spent 24 years in prison for a murder he did not commit. Now, New York City has agreed to pay him $17.5 Million, the largest the city has ever paid to settle a wrongful conviction suit. The historic settlement comes after Mr. Bell reached a $4.4 million settlement of his suit against the State of New York pursuant to the Court of Claims Act. ECBAWM partner Richard Emery noted that this landmark result “recognizes the horrible suffering that a young, innocent man went through facing the death penalty for three years and life without parole for 21 more.” Mr. Bell was represented by ECBAWM attorneys Richard Emery, Earl Ward, Debbie Greenberger, David Berman, and Nick Bourland, along with Scott Stevenson. https://lnkd.in/ebFk6_Ek
Emery Celli Brinckerhoff Abady Ward & Maazel LLP’s Post
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Remarkable results today for CPS Proceeds of Crime in linked appeals: Haden and others [2024] EWCA Crim 344 and Luxton [2024] EWCA Crim 340. The former considered challenges by the Crown against refusals to extend the ‘confiscation timetable’ pursuant to s14(2) PoCA 2002 in four different cases. The latter considered the linked but discrete issues arising apropos of the scope and extent of the ‘Slip Rule’ per s385 Sentencing Act 2020 and its interaction with s14 PoCA in turn. The Crown suceeded in all of these appeals. The clarification given by the Court as to the priority of impetus in PoCA proceedings is interesting, especially in a time where Crown Courts have had to necessarily prioritise “live” cases with such a significant backlog, including for instance rape victims waiting two years or more for justice. At para 25 of Haden the court makes clear: “The fundamental principle is that the 2002 Act regime for confiscation imposes a duty to act upon the court. The purpose is to ensure that crime does not pay.” In Luxton, the issues were more complicated, because of the interaction between PoCA and the slip rule: Essentially, at the operative time the court should have proceeded, it was instead invited to withdraw the confiscation proceedings, in large part because prosecuting counsel only had one CACD authority (Iqbal) which had been superseded by a UKSC case (Guraj). At para 42 the court noted that “Unlike prosecuting counsel, the judge had an awareness of the authorities…” and at 43: “Prosecuting counsel was not only wrong about the law, he was also not fully informed about the facts” Notwithstanding issues over the procedural approach, the concerns which arise over the assistance the judge was given as to the *relevant* authorities provide a basis for the CACD to set aside the lower courts decision. These cases underline the importance of: 1) courts prioritising the confiscation process just as they would the timeliness of a substantive criminal trial 2) court users providing up to date, relevant and candid assistance to the court in the interests of justice. Clearly, confiscation law is complicated and requires training and repeated CPD to stay up to date.
Very proud of the hardworking CPS Proceeds of Crime Division prosecutors and instructed counsel who secured significant judgments today on the two year permitted period provided by section 14 of the Proceeds of Crime Act 2002 in confiscation proceedings. In progressing these appeals all worked very hard over the last year. The judgments, Luxton and Haden & others are well worth a read. Haden & others https://lnkd.in/gTy6WnHx Luxton https://lnkd.in/g9i-tyv7
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#lawyering UK Report referred to below explains the fundamental importance of full and transparent pre-trial disclosure of all relevant material to the defence, to ensure the integrity of the trial process....
The head of the Criminal Cases Review Commission (CCRC) has refused to resign following a damning report into the watchdog’s handling of the Andrew Malkinson case.
Miscarriages of justice chief refuses to resign following Andrew Malkinson report
irishlegal.com
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𝗗𝗮𝗿𝗿𝗲𝗻 𝗦𝗻𝗼𝘄 𝗶𝗻𝘀𝘁𝗿𝘂𝗰𝘁𝗲𝗱 𝘁𝗼 𝗱𝗲𝗳𝗲𝗻𝗱 𝗶𝗻 𝗠𝘂𝗿𝗱𝗲𝗿 𝗰𝗮𝘀𝗲. Darren Snow, instructed by Ziyad Lunat of Z&Z Solicitors, has been instructed to defend in Operation Tornado, a Leicestershire police investigation, in respect of the murder of Bhajan Kaur. The case is set for PTPH (Plea and Trial Preparation Hearing) in July at Leicester Crown Court. More information about this case can be found via links in the comments. #CriminalDefence #Barristers #Crime #UKLaw
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County Court Shocker The criminal justice system is still an absolute mess, a simple example is here. Warrant issued for the enforcement of a judgement six months ago, and shortly after that was paid in full, file closed. Then six months later, today, I get this, what is going on .. Also by the way, word of warning to insurers and companies that I pursue on behalf of my private clients. When I tell you I will litigate, I will. When I tell you, I will enforce the judgement, I will whether you are a small company or a PLC, makes no difference, the principles are the same. This is why my clients are so loyal and become personal friends. #UHNW #HNW #privateclients #managementconsultant #music #business #litigation #countycourt #court #mediation #contractdispute #familyoffice
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Two divergent political theories battled for acceptance in the late 17th century - and the resulting debate greatly influenced the "Western" civilization...Hobbes vs. Locke. "(Thomas) Hobbes believed that the social contract was designed to invest absolute power in a ruler to govern the citizenry." 🤷♂️ "(John) Locke believed that the social contract meant investing some power in the hands of the ruler, whose power would be used to protect his citizens' human rights." ??? Which one do you believe is now ascending in this world ??? 👇 navigation to background url at bottom of post 👇 For your further consideration...I present to you as Exhibit A the video post and commentary by Richard DiPilla: "The lawlessness we are seeing tearing apart the fabric of the US. Worse yet it is being exported around the world. Its beyond anything Ive ever witnessed in my lifetime. WHAT HAS HAPPENED IN THE LAST FEW YEARS LEADS TO EMPOWERMENT OF CRIMINALS OVER LAW ABIDING CITIZENS." Please watch the first 10-15 seconds and post your verdict in the comments.👇 https://lnkd.in/eKnpJQPg
I create stories about life, love, nature, relationships and friendships. #storytelling #influencers #branding #leadership LinkedIn Weekly Avg. Reach- 10 Million + Views
Man Attacks Vegas Judge During Sentencing Today Deobra Redden, 30, a three-time felon, was in Clark County District Court Judge Mary Kay Holthus’ courtroom for sentencing on a charge of attempted battery with substantial bodily harm, records said. Holthus was sitting behind the bench when Redden ran up to her, jumped over the bench and attacked her, the video shows. Several other people then fought with Redden before throwing him to the ground. An alarm also sounded for several minutes alerting others to the incident. Before the attack, Redden’s attorney asked Holthus to sentence his client to probation. Holthus then said, “I think it’s time he get a taste of something else.” —————————————————————— The lawlessness we are seeing tearing apart the fabric of the US. Worse yet it is being exported around the world. Its beyond anything Ive ever witnessed in my lifetime. WHAT HAS HAPPENED IN THE LAST FEW YEARS LEADS TO EMPOWERMENT OF CRIMINALS OVER LAW ABIDING CITIZENS. I try to post about positivity and Im committed to do that because without hope I’d be giving up. It’s hard when I see it happening and can only pray for a major change. Richard DiPilla
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🗡️ **Section 300: Murder and Culpable Homicide** Defines the offenses of murder and culpable homicide not amounting to murder. 🚗 **Section 304A: Causing Death by Negligence** Addresses cases involving causing death due to a rash or negligent act. 👩🦰 **Section 354: Outraging Modesty of Woman** Covers offenses related to the sexual harassment of women. 🙅♀️ **Section 376: Rape** Defines the offense of rape against women. 🤏 **Section 379: Theft** Addresses the act of taking someone else's property without their consent. 😵💫 **Section 420: Cheating and Dishonest Inducement** Relates to fraudulently inducing someone to deliver property. 👩👨👦👦 **Section 498A: Cruelty by Husband or Relatives** Covers instances of cruelty by a husband or his relatives towards the wife.
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It’s important to remember that even relatively minor details about your whereabouts at the time of a crime can help to exonerate you of wrongdoing. Let’s talk about your movements on the day in question so that we can begin locating potential witnesses and evidence.
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In a rape case, corroboration means evidence which confirms the evidence of the prosecutrix. It is that evidence which tends to show that the story of the victim, the prosecutrix, is true and that it is the accused person that committed the crime. Such evidence need not be direct as this may not be possible as rape is not committed in the open. It is enough if it corroborates the said evidence in some material particular to the charge in question.
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Victims of abuse may suffer severe injuries causing life-long consequences. In some cases, abuse can even end in wrongful death. Victims of abuse or people whose family members died as a result of abuse can fight back through civil litigation. Civil cases may be filed completely independently of any criminal prosecution. Even in cases where a prosecutor may decline to file criminal charges, a victim may bring and win a civil lawsuit. Like all states, Florida imposes time limits on the filing of abuse cases. If it is filed too late, a suit will be dismissed. Therefore, if you or someone you love has been a victim of violence or abuse, you should consult an experienced Fort Lauderdale abuse attorney as soon as possible. https://ow.ly/3mtz50QAoU2 #personalinjuryattorney #abuse #ftlauderdale
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I have recently published a new blog post about the Sentence Appeal involving Christopher McGowan. If you joined The Guilty Act event, you might remember our conversation about this troubling case and the concept of voluntary actions. Thank you to those who have reached out to share your thoughts and updates on the case; I truly appreciate it. I hope the blog post addresses some of the questions asked. Link to blog: https://lnkd.in/em52-jGN #scotslawtalks #truecrimecommunity #scottishcrime #scotslaw
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