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 ...
The end began when they no longer could/would assimilate the peoples who migrated to their lands.
This is a monumental ruling from a ‘state’ court.
For decades, SCOTUS has held that there’s no right to a jury trial under the Sixth Amendment for “petty offenses.”
Today, the N.Y. Court of Appeals holds that that’s not true if the offense has deportation consequences:
Illegals are NOT IMMIGRANTS.
Overwhelm the system. It’s the Alinsky way.
Why isn’t he deported regardless of how serious the crime is? He’s an illegal alien - kick his butt out.
That is a fact. Do liberals not know history or not care?
We have too many ‘rogue’ states who are heaviy on the Global Open borders lane.........and need foreigners in order to win elections.
Destroying this country appears to be a full time job for these states like Cal. NY. and others.
Gov. Brown, in Nov. brought the total amount of state aid being ‘used to fight deportation orders’ against illegal immigrants to roughly $33 million.
Obviously it’s not that clear for those seeking to destroy our country.
Ever notices, courts don’t provoke constitution crisis when Democrats have the White House and at least the House or Senate? Now that Trump is in office, or Hillary isn’t, this is happening every few months.
No one has any sense that "We the People" is exclusive to US citizen, but previous liberal SCOTUS rulings have given rights to non-citizens. And it never ends.
It took Rome centuries. It’s taking us years.
They don’t care about that. They want our guns & our property.
Would this affect other cases in New York, such as that African woman who decided to climb the Statue of Liberty last July 4th? She has been begging for a Jury Trial, where she could perform more Street Theater for the Jury.
Last I heard, the judge in that case just said ‘No!’
So the secret to staying in the US was to commit a felony, in order to get a jury trial? Then another year of three hots and a cot, while learning all about prison gangs for when one gets out?
A very sick system.
I’ve long thought that the “petty offenses” exception to a jury trial was ludicrous. ALL crimes are guaranteed to be a jury trial under the constitution - and that provision either applies to the states or it doesn’t (don’t get me started on that). But now illegal immigrants appear to be afforded more rights than citizens. Possibly even more ludicrous.
The DA can either have a long jury trial over a cheap stolen or shoplifted item, a vagrancy, or some other misdemeanor. Or the DA could let the perp walk.
Illegals don’t have to obey any laws.
Send them all to Hollywood to live with them on their streets and yards.
....” now illegal immigrants appear to be afforded more rights than citizens”.....
Citizenship is fast loosing it’s appeal when non-citizens have greater opportunity for “free” legal council and opportunities as opposed for Citizens.
This!
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