La Rocca v. Lane
New York Supreme Court
1Opinion of the CourtGuy Mangauo, J.
This is an article 78 proceeding to review an order of a lower court Judge barring petitioner, while wearing his clerical collar as an ordained Eoman Catholic priest, from representing a defendant in the selection of a jury and in the trial of a criminal proceeding. The basis of the lower court order is that ‘ ‘ there would be a substantial danger that jurors would draw impermissible inferences in the defendant’s favor as to her character and veracity”; that “ [w]hile it can be assumed that most jurors would react favorably to petitioner if seen in a clerical collar, there is always the…
2Cases cited28 opinions
- Irvin v. DowdSupreme Court of the United States · 1961
- Estes v. TexasSupreme Court of the United States · 1965
- Holt v. United StatesSupreme Court of the United States · 1910
- Dennis v. United StatesSupreme Court of the United States · 1950
- United States v. David T. DellingerCourt of Appeals for the Seventh Circuit · 1973
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3Cited by5 opinions
- LaRocca v. GoldCourt of Appeals for the Second Circuit · 1981
- Rocca v. LaneAppellate Division of the Supreme Court of the State of New York · 1975
- Ryslik v. KrassNew Jersey Superior Court Appellate Division · 1995
- People v. DruckerCriminal Court of the City of New York · 1979
- Rev. Vincent Larocca, Esq. v. Eugene Gold, Individually and as District Attorney of Kings County, New York, Robert N. Kaye, as Assistant District Attorney, Kings County, New York, Jaime A. Rios, as Assistant District Attorney, Kings County, New York, the Supreme Court of the State of New York, Appellate Division, Second Department, the Honorable Milton Mollen, Presiding Justice, Honorable Moses M. Weinstein, in His Capacity as Associate Justice of the Supreme Court of the State of New York, Appellate Division, Second Department, Supreme Court of the State of New York, Second Judicial District, William Thompson, Chief Administrative Justice, Honorable Harry J. Donnelly, in His Capacity as Acting Justice of the Supreme Court of the State of New YorkCourt of Appeals for the Second Circuit · 1981