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David Bernstein

@dbernsteinnyc.bsky.social

Public defender in NYC & suburbs since 2006. Deputy Attorney in Charge at The Office of the Appellate Defender. Opinions mine alone.

700 Followers  |  983 Following  |  37 Posts  |  Joined: 18.08.2023
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Posts by David Bernstein (@dbernsteinnyc.bsky.social)

It’s an honest mistake that any untrained, uneducated, impulsive arm of the state could make.

23.01.2026 00:26 β€” πŸ‘ 2    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0

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This is, um, very very wrong on the law and suggests massive systematic 4A violations may be occurring.

21.01.2026 22:39 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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New Jersey Gov. Phil Murphy has signed an executive order that restores the right to serve on state juries to more than 350,000 state residents with criminal convictions who have completed their sentences. www.law360.com/artic...

13.01.2026 00:45 β€” πŸ‘ 5    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0

Forensic analysis of objective video evidence. This is how you serve readers searching for clarity.

08.01.2026 13:00 β€” πŸ‘ 8822    πŸ” 4227    πŸ’¬ 309    πŸ“Œ 728

Powerful statement from Judge Salas here

18.12.2025 14:24 β€” πŸ‘ 3    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

!!!
Totally normal thing for the government to be doing

16.12.2025 14:32 β€” πŸ‘ 3    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0

HUGE. Judge Xinis grants the writ of habeas corpus and orders that the government "SHALL release [Kilmar] Abrego Garcia from ICE custody immediately."

11.12.2025 15:57 β€” πŸ‘ 3158    πŸ” 723    πŸ’¬ 36    πŸ“Œ 46

I mean, let’s be honest. This kind of thing probably gets said in sealed grand jury proceedings fairly often. Which is why grand jury proceedings should not be sealed.

18.11.2025 02:09 β€” πŸ‘ 8    πŸ” 0    πŸ’¬ 0    πŸ“Œ 1

πŸ‘€

10.11.2025 21:54 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

In case you haven’t been paying attention, this is the kind of stuff our federal agents are doing now. Really scary.

03.11.2025 23:41 β€” πŸ‘ 2    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0

Shameful, inexcusable, unlawful behavior by the guy whose salary we are all paying.

01.11.2025 00:11 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
Preview
President for Life Donald Trump is trying to amass the powers of a king.

Donald Trump has amassed the powers of a king, J. Michael Luttig writes. He won’t give them up easily:

28.10.2025 11:23 β€” πŸ‘ 651    πŸ” 225    πŸ’¬ 45    πŸ“Œ 15

This is unreal. This administration continues to find new ways to shock and new lows

19.09.2025 23:35 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Chilling and shameful

23.06.2025 22:30 β€” πŸ‘ 4    πŸ” 0    πŸ’¬ 2    πŸ“Œ 0

ACLU’s Know Your Rights library has great resources for people planning to protest this weekend:

www.aclu.org/know-yo...

Stopped by Police: www.aclu.org/know-yo...

Protestors’ Rights: www.aclu.org/know-yo...

Be safe out there.

12.06.2025 20:54 β€” πŸ‘ 114    πŸ” 81    πŸ’¬ 1    πŸ“Œ 4

One of those rare circumstances where the defense and prosecution agree an injustice has occurred, and the judge inexplicably refuses to act. As always, it boggles the mind.

13.05.2025 23:35 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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The Knicks are one win away from their first conference finals appearance in 25 years‼️

13.05.2025 02:18 β€” πŸ‘ 1971    πŸ” 173    πŸ’¬ 77    πŸ“Œ 41

There aren’t enough hours in the day for the grift he wants to squeeze out of being a β€œpublic servant”

11.05.2025 12:15 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Deeply disappointing and disheartening that these powerful firms are so readily giving up this really important work

07.05.2025 01:26 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

And… more about the cruelty currently pulsating through the government.

26.04.2025 02:16 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Hardly surprising that the government had no evidence whatsoever but glad to see a judge calling them out for it in such clear and stark terms.

26.04.2025 02:14 β€” πŸ‘ 6    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0

Cool, cool. Just as the Executive Branch should be working.

18.04.2025 21:37 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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Over on The Hellsite, JD Vance has now functionally called for an end to due process for migrants. His argument is riddled with deceptions, bad faith, and embarrassingly awful logic. I think it needs a real response, so here's what I put up over there.

First, his 20 million number is fiction. 1/

17.04.2025 11:23 β€” πŸ‘ 2518    πŸ” 941    πŸ’¬ 114    πŸ“Œ 144
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BREAKING NEWS

14.04.2025 17:44 β€” πŸ‘ 5096    πŸ” 1352    πŸ’¬ 265    πŸ“Œ 165
We agree with defendants and extend Parks to individuals who were 19 or 20 years old at the time of the crime for which they were convicted.  Our Constitution and caselaw interpreting it requires us to evaluate the proportionality of defendants’ sentences.  To do so, we use the factors laid out in People v Lorentzen, 387 Mich 167; 194 NW2d 827 (1972), and People v Bullock, 440 Mich 15; 485 NW2d 866 (1992), which incorporate evolving standards of decency that mark the progress of a civilized society.  Late adolescents who are 19 or 20 years old, as a class, share with 18-year-olds the same mitigating characteristics of late-adolescent brain development.  The same considerations that were discussed at length in Parks apply equally to this class of late adolescents.  Accordingly, as applied to defendants who were 19 or 20 years old at the time of their crime, a mandatory LWOP sentence that does not allow for consideration of the mitigating factors of youth or the potential for rehabilitation is a grossly disproportionate punishment in violation of Const 1963, art 1, Β§ 16.  Czarnecki and Taylor are, therefore, entitled to be resentenced in the manner set forth in MCL 769.25 and our relevant caselaw.

We agree with defendants and extend Parks to individuals who were 19 or 20 years old at the time of the crime for which they were convicted. Our Constitution and caselaw interpreting it requires us to evaluate the proportionality of defendants’ sentences. To do so, we use the factors laid out in People v Lorentzen, 387 Mich 167; 194 NW2d 827 (1972), and People v Bullock, 440 Mich 15; 485 NW2d 866 (1992), which incorporate evolving standards of decency that mark the progress of a civilized society. Late adolescents who are 19 or 20 years old, as a class, share with 18-year-olds the same mitigating characteristics of late-adolescent brain development. The same considerations that were discussed at length in Parks apply equally to this class of late adolescents. Accordingly, as applied to defendants who were 19 or 20 years old at the time of their crime, a mandatory LWOP sentence that does not allow for consideration of the mitigating factors of youth or the potential for rehabilitation is a grossly disproportionate punishment in violation of Const 1963, art 1, Β§ 16. Czarnecki and Taylor are, therefore, entitled to be resentenced in the manner set forth in MCL 769.25 and our relevant caselaw.

NEW: In a major state con law ruling, the Michigan Supreme Court holds that mandatory life without parole sentences for anyone under age 21 violate the state's ban on "cruel or unusual" punishment -- extending a 2022 case that applied to 18 year olds. 1/ state-law-research.org/wp-content/u...

10.04.2025 16:45 β€” πŸ‘ 228    πŸ” 56    πŸ’¬ 6    πŸ“Œ 8

Blatantly and unapologetically illegal conduct from federal agents here.

10.04.2025 01:45 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Inexplicable that neither @cnn.com nor @msnbc.com is covering the #handsoff2025 protests.

05.04.2025 18:50 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Shameful.

05.04.2025 18:26 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0