Credit: BillionPhotos.com/Adobe Stock Is Limited Remand Procedure Unconstitutional?
Judge Wilson, in dissent, argued that a limited remand for a 'Frye' hearing—a hearing that should have been held in the first instance but wasn't—was unconstitutional. As best one can tell, however, no judge—state or federal—has previously reached that conclusion. Was he right?
January 12, 2022 at 11:45 AM
12 minute read
In People v. Wortham, 2021 WL 5451365, which the New York Court of Appeals decided this November, Judge Wilson, in dissent, argued that a limited remand for a Frye hearing—a hearing that should have been held in the first instance but wasn't—was unconstitutional. Judge Wilson is always thoughtful. As best one can tell, however, no judge—state or federal—has previously reached that conclusion. Was he right?
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