No. 22-1177

Lindsay L. Lee v. New York

Lower Court: New York
Docketed: 2023-06-05
Status: Denied
Type: Paid
Response Waived
Tags: abuse-of-process constitutional-rights double-jeopardy due-process fair-trial judicial-misconduct mistrial retrial
Key Terms:
Privacy
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Did the unwarranted declaration of a mistrial deprive the petitioner of her constitutional right to a fair trial?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The unwarranted declaration of a mistrial deprived the petitioner of her constitutional rights to a fair trial. The lower courts must assure that a mistrial is . ‘ truly necessary when the petitioner is ill and all . alternatives have been exhausted before declaring a mistrial. Abuse of process was used in declaring the mistrial. Immediately, while ill, the petitioner said she would testify. The judge said “too late.” The jury was not dismissed. The judge ordered the petitioner to jail for $250,000 / $200,000 bail and solitary confine. ment for five days. Upon returning to court, the judge asked the petitioner to plead guilty eight times. The petitioner said “I can’t plead guilty to something I didn’t do.” The judge said, “There are times when you can and you heard all the testimony that was given at the hearing and the jury may not believe you.” The petitioner pled not guilty and was sent back to jail. This issue is of great legal and national importance for the United States Supreme Court to determine. The Questions Presented Are: 1. Once the unwarranted mistrial was declared by the judge, did this prohibit the petitioner’s right to a fair trial? 2. Did abuse of process in declaring a mistrial bar the petitioner from retrial? ii LIST OF PROCEEDINGS New York Court of Appeals The People of the State of New York, Respondent, v. Lindsay L. Lee, Appellant. . Denial of Application for Leave to Appeal: December 28, 2022 . New York Appellate Division, Second Department, ; 9th and 10th Judicial Districts Appellate Term Docket No. 2019-956 N CR The People of the State of New York, Respondent, v. Lindsay L. Lee, Appellant. Date of Final Judgment: October 20, 2022 Supreme Court of the State of New York County of Nassau The People of the State of New York v. Lindsay L. Lee CR-018330-16NA Trial Verdict Date: January 25, 2019 . Sentencing Date: April 29, 2019 iii Supreme Court of the State of New York County of Nassau—IAS/Trial Part 22 ; Index No. 477/18 In the Matter of the Application of Lindsay L. Lee Petitioner, v. Hon. Madeline Singas and The Judges of the District Court, County of Nassau, Respondents. Date of Order Denying Writ of Prohibition for Double ; Jeopardy Prosecution: September 25, 2018 iv ,

Docket Entries

2023-10-02
Petition DENIED.
2023-06-28
DISTRIBUTED for Conference of 9/26/2023.
2023-06-15
Waiver of right of respondent New York to respond filed.
2023-05-30
Petition for a writ of certiorari filed. (Response due July 5, 2023)
2023-03-23
Application (22A832) granted by Justice Sotomayor extending the time to file until May 27, 2023.
2023-03-17
Application (22A832) to extend the time to file a petition for a writ of certiorari from March 28, 2023 to May 27, 2023, submitted to Justice Sotomayor.

Attorneys

Lindsay Lee
Lindsay L. Lee — Petitioner
Lindsay L. Lee — Petitioner
New York
Hilda MortensenNassau County District Attorney's Office, Respondent
Hilda MortensenNassau County District Attorney's Office, Respondent