Ricardo Nellons v. Thomas Gee, Superintendent, Cayuga Correctional Facility
The New York Courts ' requirements for establishing probable
cause are not adhered to in the case at bar. When probable cause
is totally reliant on informants, the People are required to
produce informant ex parte . Only when probable cause exists
outside hearsay testimony of an informant (s), is it not required
for an informant(s) to be produced.
Moreover, the People may not solicit or use information
outside the four corners of the warrant affidavit. The magistrate
is only permitted to use what was known to the issuing magistrate
from information given under oath or affirmation.
Furthermore, there are Supreme and Federal standards that
courts must adhere to in order to obtain convictions. This case
presents - the opportunity to explain what are constitutional
requirements of courts in fourth amendments cases. When are
constitutional requirements circumvented. Additionally, why
recognizing it when it occurs is an essential part of being a
competent criminal defense lawyer.
I. Whether the New York Courts erred when the judge sua
sponte denied a Darden hearing?
II. Whether the Nev? York Supreme Court circumvented
constitutional requirements to obtain conviction?
III. Whether probable cause existed to obtain a warrant?
IV. Whether counsel was ineffective?
V. Whether New York Courts violated equal right / due
process to obtain conviction?
Whether the New York Courts erred in denying a Darden hearing and circumventing constitutional requirements to obtain a conviction