Leave Granted in Court of Appeals: People v. Tindal — Preservation & Batson Issues

People v. Tindal Whether defense counsel must join a Batson challenge of a jointly-tried co-defendant to preserve the claim for appellate review. Whether the trial court violated the Equal Protection Clause when it found a prima facie showing of discrimination against dark-skinned prospective jurors but failed to request reasons for each juror identified in the […]

Leave Granted in Court of Appeals: People v. Cuencas — Right to Counsel & Payton Issues

People v. Cuencas Whether police violated Mr. Cuencas’s right to counsel and to be free from unreasonable searches and seizures by going to his residence with the intention of making a warrantless arrest so as to avoid triggering the right to counsel. Whether the second-floor apartment resident of a two-family residence tacitly consented to police […]

Leave Granted in Court of Appeals: People v. Taylor — Batson Issue

People v. Taylor When the People’s statement in response to a defense Batson challenge, that they were challenging “African-American” jurors and that a juror “was from Trinidad” and thus not “African-American,” satisfied their step two burden of giving a non-race-based reason for the strike. Sam Feldman represents Ms. Taylor