Public Defense

In United States v. Cardenas, No, 06-5601-cr (2d Cir. December 9, 2008), the court remanded for an evidentiary hearing as to whether an ?oral cooperation agreement? existed. The defendant alleged that there was, and there was not ?overwhelming evidence to the contrary.? Moreover, the defendant?s allegations were not contradicted by any of his prior statements. Since the defendant made ?sufficiently specific allegations under oath to raise issues of material fact as to the existence of the alleged oral agreement . . . the record was insufficient to deny the motion without inquiry.?

In United States v. Ballares, No. 07-5845-cr (2d Cir. December 8, 2008), the court held that the defendant waived his objections to a magistrate judge?s report and recommendation because he filed the objections out of time.

And, in United States v. Bennett, No. 06-2443-pr (2d Cir. December 3, 2008), on the appeal of the denial of a 2255 motion, the court remanded for further factfinding on whether defense counsel was ineffective by ?overriding [the defendant?s] right to testify on his own behalf.?

Full post as published by Second Circuit Blog on December 10, 2008 (boomark / email).