U.S. Court of Appeals for the Second Circuit Ex-Lawyer Convicted of Stealing Clients' Money Asks 2nd Circuit to Grant Relief, Faulting Jury Instruction
Defense counsel said a jury instruction was particularly harmful in light of a statement from the prosecution during trial that his client's actions "speak volumes."
June 15, 2022 at 06:02 PM
3 minute read
The U.S. Court of Appeals for the Second Circuit is considering whether to grant a writ of habeas corpus to a former attorney convicted of stealing money from a client's escrow account after the ex-lawyer raised concerns about a flawed jury instruction during her trial in Nassau County.
Richard Mischel of Mischel & Horn represented the former lawyer, Nancy Enoksen, at oral arguments before the three-judge panel Wednesday. Mischel argued that at Enoksen's charging conference, her trial judge said he planned to use a "standard" version of New York's Criminal Jury Instructions, but he failed to follow through.
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