Berhe v. Trustees of Columbia Univ. in the City of N.Y.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• agreeing that “a defendant cannot simply remain silent before and during trial and raise a McCoy complaint for the first time after trial”
• noting that case before Court, like McCoy itself, involved situation in which counsel conceded before jury that defendant killed victims but argued he was guilty of lesser offense and should not get death penalty
• “A defendant makes a McCoy complaint with sufficient clarity when he presents ‘express statements of [his] will to maintain innocence’”
• “A mistrial is an appropriate remedy in extreme cases for a narrow class of highly prejudicial and incurable errors.”
• “Under the competency statute, the issue of competency is decided by the trial judge unless either party requests, or the trial judge on his own motion directs, that it be decided by a jury.”

Source: CourtListener parenthetical corpus (CC0).