November 6, 2024: Grant of habeas corpus: Currently, the Hon. Gary Brown, E.D.N.Y., granted habeas corpus to our client, Jesus Alvarez. Alvarez experienced filed a professional se habeas petition alleging, inter alia, ineffective guidance of demo counsel and Choose Brown appointed Levitt & Kaizer partners Richard Levitt and Zach Segal to characterize him. Reviewing the history we the two questioned no matter whether "defense" counsel was essentially licensed, and even further exploration uncovered that during the pendency of your representation defense counsel was actually licensed but was getting prosecuted by precisely the same office which was prosecuting his shopper -- the Nassau County District Attorney's Place of work -- for your vicious assault on his ex-girlfriend, and he was also matter to disciplinary proceedings in the Second Office for fraud. Nonetheless these conflicts were by no means discovered to Arevalo or perhaps the court docket -- not for the duration of trial or ahead of sentencing or in the attraction or through Mr.
Mr. Kaizer is honestly the sole attorney I'd personally endorse with none reservations. He's capable and compassionate and would do his best not simply to acquire your case but to help restore your life.
Arevalo's pro se 440 motions -- so we sought and have been granted depart to return to point out court docket to exhaust solutions on the conflict of curiosity place, which we did. Soon after being denied aid within the condition courtroom pursuing an evidentiary Listening to, we returned to federal courtroom, briefing the conflict and ineffectiveness difficulties. Judge Brown's decision concentrates on the conflict level, discovering the District Attorney's Workplace derelict for failing to expose the conflict and sharply criticizing various from the NCDAO's arguments opposing aid, getting that counsel's conflict affected his illustration of Arevalo in a lot of respects. He vacated the conviction and purchased the District Attorney's Business office to retry Arevalo inside of one hundred twenty times or he would entertain a request for additional relief. Decide Brown's conclusion could be examine below.
Mr. Kaizer resolved the nuts and bolts of supplying cooperation in a very federal criminal case, including the procedure, the advantages, the costs and also the pitfalls of furnishing cooperation. Mr. Kaizer offered insights into maximizing the gain to be obtained because of the shopper who is frequently facing cataclysmic exposure in sentencing.
He encouraged coherently around the rather elaborate law referring to burden of evidence and extradition. I however hoe he might symbolize me in some way.
August 2, 2023: Victory in the Second Circuit. Currently, the Second Circuit remanded into the district court the case of our customer, Doe 107, following concluding it couldn't confidently figure out the district court did not err when it purchased the unsealing of documents the release of which our shopper managed would put her in Bodily Risk.
Richard's commitment to my scenario was unwavering and in the end he was capable to provide me with the justice he realized I deserved. I only are unable to Categorical the gratitude I have for Richard and his wonderful crew, I could not have requested for greater representation.
The decide wasn't required to take into account each § 3553(a) element, and Eveland hasn't argued that the decide's thing to consider of any factor was incorrect.”
Oct 30, 2021: Next biggest for each diem settlement in Court docket of Promises exoneration circumstance. Right now, we executed settlement papers inside a Court of Promises motion we introduced on behalf of our exonerated consumer, who had been wrongly convicted for possessing sexual intercourse with somebody incapable of consent by purpose of psychological incapacity. Our consumer, who had comparable incapacities as being the alleged victim, was railroaded by his Legal Aid attorney to enter an involuntary plea to four years' imprisonment, and served his total sentence.
We are quite gratified that our client acquired vindication and acceptable compensation of the incorrect perpetrated from her from the defendants.
Mr. Levitt was really valuable to me Regardless that he does not practice in my state. I questioned for referrals and he delivered. I actually desired these referrals to move me in the right course. I described my scenario is dire and he was empathetic and really handy. Thanks sir.
, 877 F.3d at 999-1000. The great site court docket basically stated that Smith unsuccessful to establish amazing or persuasive circumstances with no rationalization as as to whether it determined that U.S.S.G. § 1B1.thirteen’s commentary did not make it possible for it to grant Smith's motion for The explanations he gave or because it decided that New York Government Investigations Attorney Smith's certain instances were not amazing and powerful.
Rather, the district courtroom just mentioned that it reviewed Smith's movement and noted, without having elaboration, that he couldn't create incredible and powerful situation “in light-weight of his offense.” Neither is it clear in the district courtroom's purchase irrespective of whether it considered any particular arguments.
Richard Levitt was recommended to me various a long time publish-conviction in the event the government sought to enforce an get of restitution. I retained the agency they usually acquired a phenomenal final result with my only having to pay out a modest monthly restitution.
The court docket agreed Along with the defense that, for couriers like our shopper, making use of weight to generate the guidelines isn't going to accurately mirror the defendant's ethical culpability, Which the numerous acknowledged professional medical employs of cannabis undermine its placement in Routine I with that Agenda's severe sentences.