Court improperly relied upon PreSentence Report in determining whether crimes were committed on diff
The Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), imposes a 15‐year mandatory minimum sentence on violators who have three previous convictions for a violent felony or a serious drug offense “committed on occasions different from one another.” Issue: "in determining whether crimes were committed “on occasions different from one another,” is a court at sentencing is limited to examining only materials approved by the Supreme Court in Taylor v. United States, 495 U.S.
Photos taken from Defendants’ Phone suppressed; new trial granted...
As strange as it may seem to some, people like to take photographs on their phone of illegal activity. Here, the Defendant had allegedly taken photographs on his phone of a pistol resembling a pistol recovered in the case. “This evidence demonstrated that the ‘decision to seek the warrant was prompted by what [the police] had seen during the initial entry’ (Murray v. United States, 487 US 533, 542 [1988]). Rather than applying for a warrant on the basis of mere probable cause
People denied the Defendant his Right to a Speedy Trial – Criminal Charges Dismissed
The defendant was charged with Assault in the Third Degree, Attempted Assault in the Third Degree, and Harassment in the Second Degree. After delay, he moved to dismiss the criminal action against him on the ground that he has been denied his statutory right to a speedy trial, arguing that, despite the People's off-calendar Notice of Readiness, they in fact were not ready to proceed and that therefore they are chargeable with more than ninety (90) days since his arraignment.
