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New York Declines Jurisdiction in Custody Cases

child-150x1501A father brought a custody petition in New York State. The next day, the mother who resided in Texas brought a custody petition for the parties child in Texas. There was litigation to determine whether New York or Texas would be the appropriate jurisdiction to determine who receives custody of the child.

The Parties Were Divorced In Michigan

The parties were originally divorced in the state of Michigan. Issues involving child support, child custody, visitation and parenting time were still pending at the time the proceedings were brought in New York and Texas. Judge Statler, sitting in the Family Court of New York County, was presented with a sticky issue as to what state has jurisdiction. The father claimed that New York not Texas should be the state to determine custody. In her decision, Judge Statler found that, under the Uniform Child Custody Jurisdiction and Enforcement Act, Texas would be the appropriate state to handle this child custody case. Her reasoning was that the child had resided in Texas with the mother for approximately one year at the time of the initiation of the custody proceedings. Under this law, the state that the child lived in for the past six months is the appropriate state to determine custody. Judge Statler also found there were more significant contacts with the child and the mother in the state of Texas than in New York. She therefore dismissed the case and the case will now have to be dealt with in Texas.

Fathers’ Rights Law Firm

The Law Offices of Schlissel DeCorpo is one of the premier fathers’ rights law firms in the country. Our attorneys have more than ninety years of combined legal experience in handling fathers’ rights cases. We litigate divorce matters, orders of protection, child custody, child visitation, child support, spousal maintenance (alimony), child abuse and child neglect proceedings. In addition, we deal with CPS and ACS problems related to child abuse and child neglect. When our clients lose their jobs or have reduced income, we bring proceedings to reduce child support payments. We litigate numerous cases each year involving issues concerning paternity, equitable distribution, grandparents’ rights and high net worth divorces. We also are negotiating separation agreements, prenuptial and postnuptial agreements. Feel free to contact us for a free consultation.

Wrongfully Convicted

wrongful-150x150 Mr. Warney was convicted for killing a man and a woman in Rochester, New York. He was sentenced to  twenty-five years to life in prison. He had signed a confession admitting that he killed the man and woman.  He later took the position that he was tricked into confessing.

The innocence project at Cardoza Law School represents Mr. Warney. In 2008, after serving nine years of  his twenty-five to life prison sentence, DNA evidence excluded Mr. Warney as a suspect of the crime.

Mr. Warney Sues New York State For Compensation

Attorney Peter Newfield brought a lawsuit in the Court of Claims in New York asking for compensation for Mr. Warney, claiming he was wrongfully convicted. The New York statute regarding compensation states that the state is exempt from liability in situations where a defendant “by his own conduct” caused or “brought about his own conviction”. Peter Newfield, Esq., claimed that Douglas Warney confessed due to a inherently coercive interrogation. Mr. Warney, due to his low I.Q., was vulnerable to the pressures brought upon him by the police during his interrogation. It is Attorney Newfield’s position that Mr. Warney was coerced into confessing to a crime he didn’t commit.

Lower Court Dismisses Compensation Lawsuit

The initial action for compensation brought by Peter Newfield on Mr. Warney’s request was denied by the Supreme Court. Peter Newfield appealed the conviction and it was again denied by the Appellate Division. Peter Newfield now seeks the Court of Appeals to render a decision allowing his client to sue New York State to collect damages.

Task Force Appointed

A task force has been appointed by Court of Appeals Judge Theodore T. Jones to examine approximately fifty cases where individuals were wrongfully convicted. The task force is due to issue a report showing the role of prosecutors, the courts, police and defendants with regard to these wrongful prosecutions.

At the time of Mr. Warney’s confession, he claims there were eleven pieces of information that provided details concerning the crime by the police. These pieces of information were contained in his confession.

It is now up to the Court of Appeals as to whether Mr. Warney and defendants in similar situations will be able to collect from wrongful convictions based on coerced false confessions.

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Long Island and New York City Criminal Attorneys

Individuals charged with crimes are entitled to be represented by counsel. There are two types of crimes in New York, misdemeanors and felonies. Misdemeanors are lesser crimes and felonies are more serious crimes. Legal representation is important for individuals charged with all types of crimes, whether these crimes involve drug offenses, domestic violence, assault and battery, juvenile matters, shoplifting, burglary, driving while intoxicated, weapons possession, sex crimes or white collar crimes.

Every New Yorker charged with crime is presume innocent until proven guilty. It is defense counsels’ job to aggressively represent their clients. This is what we do! We’ve had excellent results in representing our clients for more than thirty years. Should you, a friend, a family member or loved one be charged with a crime or investigated related to a crime, feel free to call us at 1-800-344-6431, 718-350-2802 or 516-561-6645. Our phones are monitored 24/7.

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