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Define That Term # 107

Supreme Court Rejects People v. Goldstein Appeal

I previously posted here and here about People v. Goldstein, a pivotal New York Court of Appeals decision wherein the Court considered the issue of the defendant's right to confront accusers within the context of the Supreme Court's fairly recent decision in Crawford v. Washington.

As reported here, the Supreme Court has refused to hear an appeal of this case:

The Supreme Court on Monday refused to hear an appeal in the case of a mentally ill man whose conviction was overturned in the 1999 death of a woman pushed into the path of an incoming subway train.

The state of New York asked the high court to review the case of Andrew Goldstein, in which the prosecution's psychiatric expert was permitted to testify about statements made to her by people who did not testify in court during the trial.

The New York Court of Appeals found the admission of such information violated the right of the defendant to confront his accusers, and it ordered a new trial.

So, that's that.


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I need to hear from one of these appelate types. Is this the end? Or, is it the beginning of the federal review? Since the issue is a federal constitutional issue, and a new one at that, I'm not surprised the CAPP punted.


Ah, interesting thought. Perhaps I should have written:"So, that's that?"

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