On January 6, 2009, Derek Chisolm was convicted in Queens County Supreme Court on charges of illegally possessing two guns and some weed.
Over the next four and a half years, his legal team appealed the conviction, arguing that a magistrate should not have granted the the search warrant that led to Chisolm's arrest. But over those four and a half years, the State Supreme Court and its Appellate Division rejected those claims, ruling that the NYPD had sufficient probable cause and that a review of the warrant's basis was not necessary.
Late last month, though, the New York State Court of Appeals granted Chisolm a minor victory. The six-to-one decision sent the case back down the judicial rungs, ordering the Supreme Court to review the merits of the warrant by considering additional evidence that it had previously ignored.More »