GUILTY NY - Dr. Mary Yoder, 60, fatally poisoned, Whitesboro, 22 July 2015 #2

  • #241

I know so many surprises come out of the courtroom. I do think if it were any of us on trial, we'd want to use the reasoning behind her appeals.

There were two important points going back to the reasoning for overturning the conviction, it's what is allowed in legal proceedings, what is considered correct law enforcement procedures, and what constitutes a fair trial.






The problem, the appeals panel concluded, was that her defense had not done enough to stop prosecutors from introducing key evidence — details from Conley’s cellphone obtained through what the ruling described as an improperly written warrant.
So her attorneys just didn't catch this "improperly written warrant" or what? Who would have noticed it then? In what way was it improper?
 
  • #242
So her attorneys just didn't catch this "improperly written warrant" or what? Who would have noticed it then? In what way was it improper?

Good question, @sunspun. We can learn so much asking questions. I found an explanation. Apparently, the already convicted prisoner, Conley, is the one who found legalities to be able to appeal her own conviction. Who knows, she might go on now to become an attorney herself.


Quoted from the news article:
A winning appeal — and release from prison
Jan. 31, 2025

A state appeals court in New York overturned Conley’s manslaughter conviction after she obtained a new lawyer who argued that Pelli failed to properly challenge the warrant that allowed authorities access to Conley’s cellphone.

Attorney Melissa Swartz told “Dateline” that Conley, who had been working in the law library at Bedford Hills Correctional Facility, first drew her attention to the document, which she described as “probably the most facially insufficient warrant I’ve ever come across.”

“They believed that that was a warrant to take her phone and look in it,” said Swartz, who specializes in post-conviction matters. But what it needs to be is two separate warrants; one to take her phone and then one to actually search her phone.” 😲
 

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