Miranda Warnings

Host David Miranda is joined by political strategist Liz Benjamin and law professor Vin Bonventre to analyze the recent decision by the NYS Court of Appeals on how the state of New York draws its congressional district boundaries. Listen to the spirited conversation covering the decison, the dissent and the possible political implications of this ruling. 
 

The Miranda Warnings roundtable's December episode takes a critical look at the first cases in the 2023-24 term heard by the state’s highest court. The panel analyzes recent arguments dealing with when a suspect is in custody and should be read Miranda rights and whether police can stop a bicyclist in the same manner as a motorist.

The episode was recorded on Dec. 1 shortly after the death of U.S. Supreme Court Associate Justice Sandra Day O’Connor. Albany Law School professor and court watcher Vin Bonventre recounted O’Connor’s wisdom.

“She was a justice that really considered the practical realities. What are the impacts of the decisions of the court on real life on real human beings, whether we're talking about affirmative action, LGBTQ rights, and the separation of Church and State,” said Bonventre. “She was the swing vote on the court. She was a Conservative Republican, but she wasn't insane, she had a great deal of common sense. You look back at most of her decisions and say, boy, they were wise, very, very wise.”

Political strategist Liz Benjamin reminds listeners not to forget the groundbreaking appointment of O’Connor to the court by President Ronald Reagan more than 40 years ago.

“She had a very fascinating career. You look at the bench now and you don’t think to yourself there was a time when there weren't women on this bench,’” she said. “Her breaking of the glass ceiling on the highest court in the nation is an accomplishment that we don't think about enough. It's worthwhile reading her obituary and remembering all that she accomplished. “

Past NYSBA President and host David Miranda turned the attention to the New York State Court of Appeals, which has seen an increase in its caseload in the four months since Chief Judge Rowan Wilson assumed leadership of the court. Bonventre detailed his research for an upcoming article on the changes at the court.

“I found that the court's caseload has increased by almost 50% since Chief Judge Wilson has been in charge of scheduling oral arguments,” he said. “Wilson has made it clear, while he was associate judge, and made it clear during his interviews for chief judge, that he thought the court ought to be hearing more cases, and they certainly are.”

The roundtable is back after a summer hiatus with a lively discussion on the cases to watch before the Supreme Court this fall. Host David Miranda is joined by Albany Law professor and court expert Vin Bonventre and political strategist Liz Benjamin.  

The New York State Bar Association’s latest episode of its “Miranda Warnings” podcast features an interview with Alan Barinholtz talking about his newfound stardom and the success of the comedy series” Jury Duty.”

Barinholtz plays judge Alan Rosen in the 8-part series streaming on Amazon’s Freevee channel. The show examines what it’s like to be on a sequestered jury during a civil liability case. In the show, however, all of the people are actors except for one juror named Ronald Gladden. He thinks the trial is real and he is part of a documentary on what it’s like to serve on a jury.

It may surprise viewers to learn that Barinholtz is a practicing attorney in Ohio and Illinois with a career spanning 40 years in personal injury litigation. He chose to pursue law after spending a few years after college trying to make it as an actor and standup comedian. Now the 72-year-old is back at it and loving every minute of it.  He is as surprised as anyone about the success of the show, which garnered 4 Emmy nominations this month.

“In my wildest dreams, I never imagined that it would take off the way it has taken off,” he said. “For the life of me I don’t think anyone thought it would catch fire like it did. “

His sons, accomplished actors and writers Ike and Jon Barinholtz encouraged their dad to audition for “Jury Duty” when he was visiting the family in Los Angeles in late 2021. They submitted a video audition and Barinholtz secured the role a month later.

In the podcast episode, Barinholtz provides a behind the scenes perspective on what it was like to work on the production, mixing scripting with improv and endless hours of rehearsal. He tells host David Miranda about the one scene where he nearly lost his composure.

“When Todd the eccentric inventor comes in with the chair pants, I started chucking and did all I could to keep from cracking up,” he said.

Hear more about the behind the scenes work with the cast, crew of Jury Duty, and Barinholtz's perspective on the current SAG-AFTRA strike in this episode of Miranda Warnings.

From assigned counsel rates, to the repeal of Judiciary law 470, and Clean Slate, the Miranda Warnings Roundtable dissects the wins and losses of the session which just wrapped up this week. 

Dick Lewis sits down with host David Miranda to lay out the vision for his term as president of the New York State Bar Association. HIs priority is to help remove the hurdles that prevent lawyers around the state from fully realizing their potential to succeed professionally while serving clients and expanding access to justice.

Former New York State Court of Appeals Judge Albert Rosenblatt joins David Miranda to discuss his book "The Eight: The Lemon Slave Case and the Fight for Freedom". The book details the case of 8 slaves granted freedom by the New York Courts when they arrived in New York harbor. The slaves were property of a Virginia family traveling to Texas by ship which docked in New York.   

Touro Law Professor Patty Salkin discusses the increase in lawyers leading academic institutions and how it is opening new career paths for lawyers. 

Technology can both help and hurt in the cause of justice. In a fascinating conversation, Vivian Wesson shares how artificial intelligence and facial recognition are being used in both criminal and civil law.   

Past presidents David Miranda and Hank Greenberg discuss a pivotal time in history for America, the world and the New York State Bar Association. Shortly after its founding, the association was at the forefront of international politics leading an effort to establish a world court where nations could arbitrate differences to prevent war.  

 In this month's episode of "Miranda Warnings Roundtable," our panel of experts engage in a lively discussion about the state Senate's rejection of Governor Kathy Hochul's chief judge nominee and the political ramifications. 

David Miranda, Albany law professor Vin Bonventre and political strategist Liz Benjamin discuss Governor Hochul's nomination of Hector LaSalle for Chief Judge of the Court of Appeals and the State of New York. 

We have an election 2022 wrap up on this episode of Miranda Warnings Roundtable. Despite a closer than usual race for New York State Governor Kathy Hochul and the democrats swept statewide offices in November. On the federal level, the predicted red wave never happened.

Democrats may actually gain a seat in the U.S. Senate and end up with a close minority in the House of Representatives.

This may be the best midterm for the democrats with a democrat in the White House. Since John Kennedy, the democrats were aided by a the Supreme Court decision in Dobbs.

It could have been even better for the democrats in Congress or it not, for the New York Court of Appeals Decision in Harkenrider rejecting the Legislature's redistricting proposal and influencing the four New York House seats that flipped Republican.

Join host David Miranda and guest Liz Benjamin and Vin Bonventre for a lively discussion. 

On this episode of Miranda Warnings, host David Miranda and guest Albany Law Professor Vin Bonventre look at the great dissenting opinions of the last 40 years in New York State's highest court.

The 30 minute podcast covers issue that still resonate today like the freedom to marry, patients rights and a suspect's rights during police interrogation.  Bonventre says a dissenting opinion has a greater impact since the judge is making a public statement in opposition to the majority opinion of the court.

"They are extremely revealing. Now. Why? Because the dissenter is announcing to the public. 'My colleagues are wrong  I've lost! I'm expending judicial capital. I probably hurting feelings Right? I'm the loser in this case. But I'm hoping that the public, the legislature, maybe the court in the future will correct what my colleagues have done today.'"

Listen to the lively discussion her and check out the full article "The Great Dissents" at nysba.org.

From affirmative action to voting rights and the regulation of the pork industry, the roundtable panel takes on all the issues before the U.S. Supreme Court this term. Check out the lively discussion right here. 

The Johnny Depp v Amber Heard defamation trial did more than fill the gossip columns in the tabloids. The case demonstrated the expanded use and power of social media often by third parties not involved in the actual case. The latest episode of "Miranda Warnings", host David Miranda breaks down the trial and the effects that social media use had in the case and in the court of public opinion.

Joining him in the discussion is Scott Malouf, a social media attorney in the Rochester area, who focuses on all things social media for lawyers and business clients. Debra Hamilton, from Westchester County, specializes in mediation involving clients and their pets. The two recently co-authored an article in the New York State Bar Journal on the case.  

The Depp v Heard case was unique in that it was not only involving two celebrities, but televised in real time from a Virginia courtroom. Both guests say the coverage started small and as it grew, took on a life of its own.

"Small influencers were watching the case starting to comment on it and getting a lot more traction which means more ad revenue," said Malouf. "Some of influencers said they supported Johnny because that content did better. It had nothing to do with who was winning and I think for litigants and organizations that’s a really tough and scary prospect."

Debra Hamilton says attorneys have a tough job balancing what is right for their clients and trying to prevent an outside party from affecting the case. "We are in the business of helping our clients solve issues however if they get involved in social media and third parties get involved in carrying their water so to speak in social media it can really escalate."

Miranda Warnings host David Miranda is joined by NYS Court of Appeals expert and law professor Vin Bonventre and political strategist Liz Benjamin. The Roundtable guests discuss recent efforts to influence the commission considering candidates for Governor Hochul to nominate to the NYS Court of Appeals. They also break down the winners and losers in the summer primaries and look forward to the general election in November.  

New York State Bar Association General Counsel David Miranda hosts a lively roundtable with political strategist Liz Benjamin and constitutional law professor Vin Bonventre. They discuss the swing to the right of the US Supreme Court through its rulings handed down in the Spring of 2022.  

Rulings on reproductive rights, gun rights and religious rights were just three of several issued the court decided this term. Liz Benjamin says no one should be surprised that the court moved to the political right. 

"They have been chomping at the bit for years to do this. This is exactly what conservatives, I will say in their brilliance, have always played the long game. The conservatives have been playing chess while the democrats or liberals play checkers." 

Professor Bonventre says a Justices may change over time and it's a move we have seen before.  "The same thing that happened to Sandra Day O’Conner and Anthony Kennedy has already happened with the Chief Justice pushing him over to the left. I think the same thing’s going to happen to Kavanaugh, maybe also to Amy Coney Barrett." 

Join us for this lively discussion each month on Miranda Warnings: Roundtable.  

"Miranda Warnings" host David Miranda is joined by Albany law professor and constitutional scholar Vin Bonventre and former journalist and political strategist Liz Benjamin. The roundtable discuss the recent resignation of Chief Judge Janet DiFiore and what is next for the state's highest court.