SUPREME COURT IN THE NEWS..          

Recent Supreme Court  decisions of interest include the following.

In Melendez-Diaz v. Massachusetts, the Court ruled that admission of a report of a lab analysis identifying material seized from the defendant as cocaine without testimony by the analyst  violated the petitioner's Sixth Amendment right of confrontation.   The Court relied on Crawford v. Washington, 541 U.S. 36  (2004) in reaching its decision. Click here to read the decision.  The NACDL, of which the NYSACDL is an affiliate,  submitted amicus briefs in support of Melendez. Click here to read the brief

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In Safford Unified School District #1, et al v. Redding, the Supreme Court held that the strip-search of a 13-year old girl by school officials violated the Fourth Amendment. Click here to read the decision.   The Court continues to apply the standard of reasonable suspicion in the context of a school search. However, that search must be reasonable in scope. Here, the information of alleged wrongdoing did not support the "quantum leap" from search of outerclothing and a backpack to a degrading and highly intrusive search of the child's underwear.  The Court declined to hold school officials liable for damages because the legality of this type of search was not "clearly established law" at the time of the search. 

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The Supreme Court has ruled that the due process clause does not grant a convicted prisoner the substantive right to DNA testing. District Attorney’s Office for the Third Judicial District et al v. Osborne.  In declining to extend constitutional due process protections to include DNA testing on post-conviction relief, the Court observed that the handling of DNA testing is best left to the state legislatures, the majority of which have enacted comprehensive laws governing access to DNA testing. Thus, while the decision will not affect inmates in states, including New York, which have enacted laws permitting post-conviction access to DNA testing, inmates challenging their convictions will not be able to seek such testing as a matter of federal constitutional right.  You can find the case at http://www.supremecourtus.gov/opinions/08pdf/08-6.pdf 

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NEW YORK NEWS....

NYSACDL continues to support the  Rockefeller Drug Law Reform legislation and efforts to expand sealing provisions of the new law.  Click here to read President Craig Schlanger's letter to Governor Patterson and the New York State Legislature. 

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On May 12, 2009, the Court of Appeals rendered its decision  in  People v. Weaver, of its most significant decisions on the right to be free from unreasonable searches and seizures in a long time.  NYSACDL's amicus committee provided a strong voice in favor of suppression.  Click here to read more and for a link to the case.

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 The New York State District Attorneys Association released a tape recording of an inmate's interpretation of the new Rockefeller Drug Laws calling it a "drug dealer's protection law."  Click here to read the article.

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 The New York State Association of Criminal Defense Lawyers is  the largest private criminal bar association in New York State.  We are dedicated to assuring the protection of individual rights and liberties for all. We are responsive to the needs of private practitioners and public defenders and are committed to the fair administration of criminal justice and the zealous defense of individuals accused of crime. We endeavor to provide the highest quality legal representation to assure Liberty and Justice for all.