Court Filings

The Appellate Division, Third Department reversed County Court's denial of defendant Cendno Rahaman's CPL 440.10 motion and granted relief in the interest of justice. Rahaman argued his trial lawyer was ineffective for failing to object to empaneling an anonymous jury. The court found the sworn allegations and counsel's affidavit showed a legal basis that could not be summarily rejected as successive, and that empaneling an anonymous jury without a factual predicate can deny a fair trial. The matter is remitted to County Court for a new trial.

The Appellate Division reversed a County Court order that denied defendant Shannon Dickinson's CPL 440.10 motion to vacate his conviction, and remitted the matter to a different County Court judge for further proceedings. The court concluded that the judge who decided the 440 motion had a law clerk who previously worked as an assistant prosecutor on the underlying case and that the clerk's potential prior involvement — combined with the failure to disclose or insulate the clerk — created an appearance of impropriety. Because the record does not show the clerk's role on the motion, the court found reversal and reassignment appropriate in the interest of justice.

The Court of Appeals considered Eric Maxwell's direct appeal from the trial court's denial of his motion for an out-of-time appeal following convictions that included malice murder. The court concluded it lacked jurisdiction because Georgia's Supreme Court has exclusive appellate jurisdiction over cases in which the death penalty could be imposed. Because malice murder carries a potential death sentence, the Court of Appeals transferred the appeal to the Supreme Court of Georgia for disposition.

The Court of Appeals (Seventh District) ordered the appeal of Cody Lee Cochran abated and the case remanded because the reporter's record lacks three State exhibits (22, 23, 24) that are encrypted by the FBI and unreadable without special software. The court directed the trial court to obtain accessible, reviewable copies of those exhibits and to have the court reporter file them with the appellate clerk by May 28, 2026. If the State cannot provide usable copies, the trial court must hold a hearing under the appellate rule to determine whether the exhibits are functionally lost or destroyed and make written findings for the supplemental record.

The Appellate Division affirmed most of defendant Tahnisha Joyner-Pounds's convictions for three counts of aggravated driving while intoxicated and one count of driving while intoxicated, rejecting challenges to the sufficiency and weight of the evidence that she was intoxicated and that the three children in the car were 15 or younger. The court found some preservation issues but concluded the record allowed reasonable inferences as to the children's ages and that officer observations supported the intoxication verdict. However, the court reserved decision and remitted the case to Supreme Court to reconsider a CPL 30.30 speedy-trial dismissal motion tied to alleged discovery violations, because the trial court denied the motion without allowing the People to respond.

The Appellate Division, Fourth Department, granted the defendant's motion to dismiss his appeal in People v Garrett and remitted the matter to Supreme Court, Erie County, with instructions to vacate the judgment of conviction and dismiss the indictment. The court cited People v Matteson as governing authority for the appropriate remedy. The decision is a brief memorandum and order resolving only the procedural motion to dismiss the appeal and directing the trial court to take further action consistent with precedent.

The Court of Appeal (First Appellate District, Div. Three) reviewed a challenge to probation condition no. 24, which allowed the probation department to jail a probationer for up to 120 days if he did not "successfully complete" residential treatment and denied credits for time in unsuccessful programs. Although Emrick’s probation was later terminated and he received the disputed custody credits, the court exercised discretion to decide the issues because they are recurring. The court held the condition impermissibly delegated core judicial authority to probation and was invalid for failing to reflect a knowing waiver of the statutory right to custody credits under Penal Code section 2900.5.

The Superior Court vacated and remanded the defendant Dwayne Eric Lee’s sentence because the trial court imposed no jail time for a conviction under 75 Pa.C.S.A. § 1543(b)(1)(i). The Commonwealth appealed the sentence as illegal; the court interpreted the statutory phrase “shall be sentenced . . . to undergo imprisonment for a period of not less than 60 days nor more than 90 days” to require an indeterminate sentence with a mandatory 60-day minimum and a 90-day maximum. Because the trial court imposed zero days, the sentence was illegal and must be vacated for resentencing consistent with the statutory range.

The Georgia Court of Appeals granted the appellant's motion to remand this criminal appeal to the trial court so the trial court can complete the appellate record. The trial court is directed to add exhibits that were properly admitted at the October 4, 2022 hearing. After the exhibits are filed or the trial court issues an order that the exhibits are unavailable, the Fulton County Superior Court Clerk must transmit the full record, transcripts, and exhibits back to the Court of Appeals for re-docketing under the existing notice of appeal.