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References to Defendant’s Silence Found Prejudicial

New York Law Journal, April 8, 2015

References to Defendant’s Silence Found Prejudicial

Also Thursday, the court ruled in Matter of Lopez v. Evans, 51, that if a parolee lacks the mental competence to stand trial, then it is also a violation of due process to conduct a parole revocation hearing for him or her….In an amicus curiae brief in the case, the New York City Bar Association urged the court to relieve incompetent parolees of the responsibility of facing parole revocation hearings, and said those offenders must have access to treatment for their conditions.

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