Posted on 11/27/2018 8:23:51 PM PST by caww
New York State's highest court has ruled that immigrants are entitled to a jury trial, even when they're accused of misdemeanor crimes that carry sentences of six months or less. The court ruled that the penalty of deportation was severe enough to warrant a jury trial.
The case was brought by the Center for Appellate Litigation in New York. The Bronx Defenders filed a friend of the court brief; it represented the defendant in his original case, and in his immigration proceedings.
in his dissent, Judge Michael Garcia wrote that this ruling would open the door "to further litigation, in both state and federal courts, over exactly which collateral consequences may make an otherwise 'petty' offense 'serious.'
"It is doubtful that importing federal immigration law into the penalty analysis was something the Supreme Court intended when it made the Sixth Amendment right to trial by jury for 'serious' offenses applicable to the states."
He said the Supreme Court has the ultimate authority to settle this issue and should.
The Legal Aid Society called it a "landmark case" that will provide clients a meaningful opportunity to fight against criminal charges that could lead to deportation.
(Excerpt) Read more at wnyc.org ...
I suppose so......likely she’ll have a ‘free’ activist attorney to represent her.....they are well funded by the left.
Time for the new Supreme Court to bitchslap the NY Court of Appeals, another cheap imitation of the 9th Circuit US Court of Appeals.
Deportation is basically a “Civil” action, not a criminal one. The assault in this case was the criminal act.
Liberal judges are total asses and continually prove it every day, to the detriment of our country.
Time for term limits for all judges.
You are right, of course - but nothing in the title or the excerpt indicates that this refers to ILLEGAL immigrants.
And, by the way: In my opinion, deportation should not be considered a penalty, but rather a return to the status quo.
Regards,
I want the damn English language back.
This article apparently is about trespassing foreign citizens being granted the right to a jury trial. The idiocy of this ruling becomes apparent when its description is not shrouded in deliberately deceptive word-games.
This story has nothing whatsoever to do with legal immigrants and their rights.
The problem isn’t a lack of access to a jury, imo. The problem is using state funded prosecutors and defense lawyers over minor charges. There should be a way for minor offenses to be determined without going whole hog on state resources. Minor offenses should be determined at a more community level, with community level punishments being meted out.
Now, minor offenses will not prosecuted at all because the costs will be tens of thousands of dollars every time somebody steals less than $500 worth of stuff.
Why? Because there’s so many activists groups and attorney’s well funded to fight against it. Gov. Brown in CA. just expanded their budget ‘to fight deportations’ to $33 million......the illegals have nothing to loose. All is provided one way or another.
Tell that to all the attorney’s and politicians celebrating this decision.
Rome (USA) has fallen the democrats set out on a quest to destroy the USA after they lost the Civil War. They are almost there, to see the “Fruits of their labor” to destroy the USA
Judge “Garcia” - Well, who would be surprised?
Mexitrash greasing the wheels for Mexitrash.
Wonder how much Soros paid this used ass-wipe?
The judge is right. They illegal immigrants deserve a trial by a jury of their peers.. back in their country of origin. And this judge should be stationed in one of those countries, preferably Venezuela, to see to it they get a fair trial
It truly doesn’t look like it’s going to end.....the enemies of this country are so deeply embedded....they began taking over long ago but Obamas terms had free reign to cover, hide and distract from what they were really up to. Now they’re operating quite openly yet still the GOP lacks, willingly and not, to step up and get their hands dirty protecting what we have left.
The USA is the only ‘footprint’ on the world stage that’s keeping things from fully sliding into chaos everywhere......those on the path to destroy our nation know it. Trump is trying to at least keep this nation from falling into the Global World Order.....it is very difficult seeing any nations leadership as ‘friends’ of the USA as things are now.
Yep. The Cloward-Piven strategy on display for everyone to see. Sadly Obama got so many judges in that they are nearly guaranteed to hit a Leftist judge who will give them anything they want. And now Roberts has switched sides. How many Repub nominees have gone over to the dark side??
Soros has created an ‘Unholy Alliance” with most of the Demoratic Leadership...his sons are doing all the leg work with the Washington Elites etc. While Soros, Hillary, Obama, Kerry etc...along with others meet with World leaders.
JUST ANOTHER LAWYER JOB SECURITY PROGRAM.
Read. Judge Garcia was in the dissent; aka no on this bs.
So we all can have jury trials for virtually any case? Can NY afford this? Is it what the law allows or requires or is this judicial legislation?
Well it’s a full assault on anyone who won’t toe their line. I do not put it past threats against families..... Governments are now full of elites worldwide....and the cash flow runs into all these fake foundations and organizations......with Hollywood Actors playing their role of the middle men funneling it here in the states as well.
An incredibly mealy mouthed court.
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