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Recent Post
- Implied Bias Of Prospective Jurors And Challenging A Juror For Cause
- Statute of Limitations For Habeas Corpus and The Certificate of Appealability
- Waiver Of The Right To Appeal
- Grand Jury Practice: When Is A Withdrawal A Dismissal And When Must The DA Seek Court’s Permission To Re-present To The Grand Jury
- Eyewitness Identification Expert: When Is Expert Testimony Admissible
Monthly Archives: February 2011
Sixth Amendment Right to Counsel: When Does The Right To Counsel Attach – Defendant In Custody On Unrelated Matter
PEOPLE v. LOPEZ DECIDED: FEBRUARY 22, 2011 NEW YORK COURT OF APPEALS Issue : When does the Sixth Amendment Right to Counsel attach and whether the police must inquire of a defendant that is already in custody if they are … Continue reading
Posted in Blog, Right to Counsel, Sixth Amendment, Suppression
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Criminal Procedure Law § 30.30- The Speedy Trial Rule And Superseding Indictments: Relating Back And The “Directly Derived” Rule
PEOPLE V. FARKAS DECIDED FEBRUARY 22, 2011 NEW YORK COURT OF APPEALS Issue : Speedy Trial Rules under CPL § 30.30 – whether charges in an indictment, filed over a year after the initial accusatory instrument, are barred by the … Continue reading
Attempted Crimes: Stalking Under New York Penal Law §120.50
PEOPLE V. APONTE DECIDED FEBRUARY 10, 2011 NEW YORK COURT OF APPEALS Issue : whether attempted stalking in the third degree (Penal Law §§ 110.00, 120.50 [3]) is a legally cognizable offense? Holding : stalking proscribes the performance of certain … Continue reading
Posted in Attempted Crimes, Blog
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United States Sentencing Guidelines: The Armed Career Criminal Act 18 U.S.C. §924 – Sentence Enhancement For Crime of VIolence
USA v. Lockley Decided February 11, 2011 Eleventh Circuit Court of Appeals Issue : Whether the crime of attempted robbery in violation of Florida Statute §§ 812.13(1) and 777.04(1) constitute crimes of violence under the United States Sentencing Guidelines §4B1.1(a) … Continue reading
Disorderly Conduct and Legal Sufficiency of Evidence Under New York Penal Law §240.20
PEOPLE V. WEAVER DECIDED FEBRUARY 10, 2011 NEW YORK COURT OF APPEALS Issue : what constitutes legally sufficient evidence for a conviction of disorderly conduct under Penal Law § 240.20(1) and (3). Holding : the evidence was legally sufficient for … Continue reading
Posted in Blog, Evidence, Sufficiency of Evidence
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