DOJ-OGR-00010168.jpg
471 KB
Extraction Summary
3
People
5
Organizations
1
Locations
1
Events
0
Relationships
3
Quotes
Document Information
Type:
Legal transcript / court proceeding record
File Size:
471 KB
Summary
This document is page 11 of a court transcript (filed March 24, 2022) discussing legal arguments regarding 'ineffective assistance' of counsel and 'waivers.' The speaker cites legal precedents including 'Chappee' in the First Circuit and 'Flores' in the Second Circuit, discussing the 'Rosario material' and '3500 material' (discovery rules) in the context of New York law and federal appeals.
People (3)
| Name | Role | Context |
|---|---|---|
| Judge Van Graafeiland | Judge |
Mentioned as having written a dissent in the 'Flores' case cited by the speaker.
|
| Flores | Case Subject |
Referenced in the case name 'Flores' in the Second Circuit.
|
| Chappee | Case Subject |
Referenced in the case name 'Chappee' in the First Circuit.
|
Organizations (5)
| Name | Type | Context |
|---|---|---|
| First Circuit |
Federal court circuit mentioned in relation to the Chappee case.
|
|
| Second Circuit |
Federal court circuit mentioned in relation to the Flores case.
|
|
| First Department in New York Court of Appeals |
Legal body mentioned regarding waiver laws.
|
|
| Southern District Reporters, P.C. |
Transcription service provider listed at the bottom of the page.
|
|
| DOJ |
Department of Justice (inferred from footer stamp DOJ-OGR).
|
Timeline (1 events)
Locations (1)
| Location | Context |
|---|---|
|
Mentioned in the context of state law ('New York law') and the Court of Appeals.
|
Key Quotes (3)
"It's also under Chappee in the First Circuit, and I would bet it is also effective assistance."Source
DOJ-OGR-00010168.jpg
Quote #1
"There is no harmless error standard, that's how crazy New York law was."Source
DOJ-OGR-00010168.jpg
Quote #2
"How can a lawyer possibly having been handed a piece of paper which is a new trial card, how can you not play it."Source
DOJ-OGR-00010168.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,618 characters)
Case 2:19-cr-00338-ABN Document 646-32 Filed 03/24/22 Page 70 of 117
A-5913
A-5913
11
CAC3PARC
1 under any definition.
2 It's also under Chappee in the First Circuit, and I
3 would bet it is also effective assistance. Or it's not
4 ineffective assistance, even though one can say that's back
5 alley -- I can't remember the words in Chappee, but they are
6 not very flattering. Even though you can say those things,
7 it's got to be effective assistance because you're not going to
8 let people get away with that game. There is a perfect
9 example.
10 You can have, I've done this as a grid, and you can
11 have, if you put waiver and ineffective assistance, you can
12 fill out most of the four boxes. There is a case in the Second
13 Circuit that I stumbled across which is Flores. It is old
14 enough there is a Judge Van Graafeiland dissent. Flores is one
15 where there is a waiver. The trial lawyer I think says after
16 trial, look, I've come across this 3500 material, this Rosario
17 material, but it wouldn't have helped me very much. And he
18 says it at a time when it is per se reversible not to have
19 turned over that 3500 material. There is no harmless error
20 standard, that's how crazy New York law was. And the First
21 Department in New York Court of Appeals says waiver. You say
22 right on the record you're not pressing the issue. The Second
23 Circuit said ineffective assistance, right. How can a lawyer
24 possibly having been handed a piece of paper which is a new
25 trial card, how can you not play it. So there is a situation
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00010168
CAC3PARC
1 under any definition.
2 It's also under Chappee in the First Circuit, and I
3 would bet it is also effective assistance. Or it's not
4 ineffective assistance, even though one can say that's back
5 alley -- I can't remember the words in Chappee, but they are
6 not very flattering. Even though you can say those things,
7 it's got to be effective assistance because you're not going to
8 let people get away with that game. There is a perfect
9 example.
10 You can have, I've done this as a grid, and you can
11 have, if you put waiver and ineffective assistance, you can
12 fill out most of the four boxes. There is a case in the Second
13 Circuit that I stumbled across which is Flores. It is old
14 enough there is a Judge Van Graafeiland dissent. Flores is one
15 where there is a waiver. The trial lawyer I think says after
16 trial, look, I've come across this 3500 material, this Rosario
17 material, but it wouldn't have helped me very much. And he
18 says it at a time when it is per se reversible not to have
19 turned over that 3500 material. There is no harmless error
20 standard, that's how crazy New York law was. And the First
21 Department in New York Court of Appeals says waiver. You say
22 right on the record you're not pressing the issue. The Second
23 Circuit said ineffective assistance, right. How can a lawyer
24 possibly having been handed a piece of paper which is a new
25 trial card, how can you not play it. So there is a situation
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00010168
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