Is Limited Remand Procedure Unconstitutional?

Bracewell’s Paul Shechtman wrote an article for the New York Law Journal examining limited remand procedure in the People v. Wortham, a case that the New York Court of Appeals decided this past November 2021.

In his dissent, the Honorable Rowan D. Wilson 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. But was Judge Wilson right?

Click here to read or download the entire NYLJ article below.