prisoner bar (New York) · Go Syfert
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prisoner bar in New York

15 New York opinions name it 4 courts 1867–2012 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
People v. Zackowitzgreen
ny · 1930 · cited in 2 New York opinions naming this issue, 1931–1977
2 sentences

1977While it is a well-established principle that "[i]n a very real sense a defendant starts his life afresh when he stands before a jury, a prisoner at the bar” (People v Zackowitz, 254 NY 192, 197; People v Molineux 168 NY 264 , supra), it is quite conceivable that it would have been proper here for the prosecutor to have introduced the testimony in question after having heard the opening remarks of defense counsel.

1931Judge Cardozo, in the case of People v. Zackowitz ( 254 N. Y. 192 ), said (at pp. 197, 198 and 200): “ In a very real sense a defendant starts his life afresh when he stands before a jury, a prisoner at the bar. * * * Inflexibly the law has set its face against the endeavor to fasten guilt upon him by proof of character or experience predisposing to an act of crime. * * * ‘ The natural and inevitable tendency of the tribunal — whether judge or jury — is to give excessive weight to the vicious record of crime thus exhibited, and either to allow it to bear too strongly on the present charge, or

12
Sandin v. Connerred
scotus · 1995 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012The Due Process Clause, however, “does not protect every change in the conditions of confinement having a substantial adverse impact on the prisoner” (Sandin v Conner, 515 US 472, 478 [1995]).

11
People v. Nuzzogreen
ny · 1945 · cited in 1 New York opinions naming this issue, 1952–1952
1 sentence

1952Hence, we may not overlook a breach thereof as not affecting the substantial rights of an accused within the meaning of section 542 of the Code of Criminal Procedure, ‘ ‘ when the purpose and effect of the breach is to create prejudice against the defendant by proof that his character is bad, even if the evidence convinces us of the defendant’s guilt.” (People v. Nuzzo, 294 N. Y. 227, 233, 234 .) The judgment of conviction should be reversed and a new trial ordered.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (14)

CaseCitedYears
Sweeney v. Woodall green
scotus · 1953
1 sentence

1978"Considerations fundamental to our federal system require that the prisoner test the claimed unconstitutionality of [her] treatment by [the demanding State] in the courts of that State” (Sweeney v Woodall, 344 US 86, 90 ).

11978–1978
People v. . Molineux green
ny · 1901
1 sentence

1977While it is a well-established principle that "[i]n a very real sense a defendant starts his life afresh when he stands before a jury, a prisoner at the bar” (People v Zackowitz, 254 NY 192, 197; People v Molineux 168 NY 264 , supra), it is quite conceivable that it would have been proper here for the prosecutor to have introduced the testimony in question after having heard the opening remarks of defense counsel.

11977–1977
Nastasi v. State green
nyclaimsct · 1946
1 sentence

1954(Kugel v. Kalik, 176 Misc. 49 ; Nastasi v. State, 186 Misc. 1051 .) The motion of the State to dismiss the above claim is denied.

11954–1954
Kugel v. Kalik neutral
nysupct · 1941
1 sentence

1954(Kugel v. Kalik, 176 Misc. 49 ; Nastasi v. State, 186 Misc. 1051 .) The motion of the State to dismiss the above claim is denied.

11954–1954
Hogan v. Canavan green
nyappdiv · 1935
1 sentence

1943The Appellate Division of this court, in this department, had occasion to pass on the provisions of the Correction Law in question, in Matter of Hogan v. Canavan ( 245 App. Div. 391 ).

11943–1943
Bartholomaus v. Bartholomaus neutral
nyappdiv · 1940
1 sentence

1941Both on the authority of Bamman v. Erickson (supra) and on principle the court holds that the disability to sue imposed by section 510 of the Penal Law is personal to the prisoner and does not bar the maintenance of a suit by her receiver in supplementary proceedings whose title to the cause of action is the result of an involuntary assignment by operation of law.

11941–1941
Shepard v. United States green
scotus · 1933
1 sentence

1933In Shepard v. United States ( 290 U. S. 96 ), in an opinion delivered on November 6, 1933, Mr. Justice Cardozo said in part: “ There must be ‘ a settled hopeless expectation ’ (Willes, J., in Reg. v. Peel, 2 F. & F. 21, 22) that death is near at hand, and what is said must have been spoken in the hush of its impending presence.

11933–1933
Bensel v. . Lynch neutral
ny · 1870
1 sentence

1933It recites the facts and closes by alleging “ That by reason of the. premises * * * plaintiff is entitled to judgment against the defendant herein in the sum of $5,000," A similar allegation was held in Bensel v. Lynch ( 44 N. Y. 162, 165 ), as predicating the action for the amount of bail and not for damages for an escape.

11933–1933
Metcalf v. . Stryker neutral
ny · 1864
1 sentence

1916(Metcalf v. Stryker, 31 N. Y. 255 ; Bensel v. Lynch, 44 id. 162.) The differences in the actions and the pleadings therein are pointed out by the Court of Appeals in Smith v. Knapp ( 30 N. Y. 592 ).

11916–1916
People v. Whipple green
nyoytermct · 1827
1 sentence

1908In 1816 (People v. Herrick, 13 Johns. 83 ) Spenoeb, J., said: “ It is laid down as an axiom by almost all the writers on evidence, that the party who would take advantage of the exception that a witness has been convicted of the crimen falsi must have a copy of the record of conviction ready to produce in court.” In People v. Whipple ( 9 Cow. 707 ), in 1827, one Strang had just been convicted by a verdict of a jury as a principal in the murder of whicli Mrs. Whipple, the prisoner at the bar, stood charged as an accessory before the fact.

11908–1908
Murray & Bell v. State green
ala · 1872
1 sentence

1885That case is really quite decisive of the present, for in this case it may well be said, as in Bell v. State ( 48 Ala. 675 ), “ we do not think there was any intelligent and intentional waiver in this case.” In Hendrick v. Commonwealth ( 5 Leigh, 709 ), the prisoner “ elected the juror and he took his seat; after another juror was called, one of the counsel stated that the prisoner was acting on his advice in challenging, and in electing the juror had mistaken it.” The court refused to allow the challenge, and this was held error on the appeal, as the juror had not been sworn.

11885–1885
Ruloff v. . the People green
ny · 1858
1 sentence

1872In The Ruloff Case ( 18 N. Y., 179 ), this court reversed the judgment and conviction against the prisoner for the error the court in not directing an acquittal, although the question of power was not raised.

11872–1872
Alexander v. Peck neutral
ind · 1840
1 sentence

1867Beauchamp v. State ( 5 Blackf., 308 ) is to the same effect, and so also is Manly v. State ( 7 Blackf., 593 ); and so Hooker v. The State (4 Ohio R., 348); and so also The People v. Kahle (4 Cal. R., 198).

11867–1867
Morrison v. Cones neutral
ind · 1845
1 sentence

1867Beauchamp v. State ( 5 Blackf., 308 ) is to the same effect, and so also is Manly v. State ( 7 Blackf., 593 ); and so Hooker v. The State (4 Ohio R., 348); and so also The People v. Kahle (4 Cal. R., 198).

11867–1867

Where else courts name it

CA 23 (1944–2025) KS 22 (1966–2026) FL 21 (1887–2025) PA 18 (1928–2020) NC 17 (1875–2024) MO 16 (1881–2002) MI 15 (1894–2025) GA 15 (1906–2021) NY 15 (1867–2012) OR 14 (1953–2025) MT 14 (2022–2024) IL 13 (1905–2026) MS 12 (1872–2012) VA 9 (1984–2026) MA 8 (1935–2012) WA 7 (1955–2010) CT 7 (1962–2015) MD 6 (1943–2001) AL 6 (1872–2000) TN 6 (1964–2008) DE 5 (1942–2026) AR 5 (1972–2024) NM 5 (1964–1997) NJ 5 (1951–2016) OK 4 (1925–2011) OH 4 (1922–2014) DC 4 (1988–2004) UT 4 (1997–2025) HI 4 (2000–2014) NE 3 (1899–2024) AZ 3 (1960–1968) WY 3 (1954–1986) RI 3 (1904–2018) TX 2 (1920–2025) AK 2 (1984–2025) NV 2 (1969–1998) IA 2 (1913–2013) ME 2 (1976–1978) LA 2 (1895–1928) SC 2 (1993–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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