-
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: March 2011
New Exception To The Exclusionary Rule And Fourth Amendment Suppression Issues
PEOPLE V TOLENTINO : New York Court of Appeals, IMPORTANT NOTE: THE U.S. SUPREME COURT HAD GRANTED CERTIORARI TO HEAR THIS CASE AND ORAL ARGUMENT WAS SET FOR MARCH 21, 2011. ON MARCH 29, 2011 THE SUPREME COURT REVERSED ITS … Continue reading
Batson Challenge and Jury Selection: Sufficiency Of The Race Neutral Explanation By The Prosecution
FELKNER V. JACKSON United States Supreme Court Decided March 21, 2011 Issue: Whether the prosecutor had given a sufficiently race neutral reason to the Batson challenge by defense counsel during jury selection. Holding: The Batson issue turns largely on an … Continue reading
Posted in Batson Challenge, Blog
Leave a comment
Is A Waiver Of Appeal Enforceable If Sentencing Court Fails To Make Specific Rulings And Findings
UNITED STATES V. BUISSERETH Second Circuit Court of Appeals Decided March 15, 2011 Issue : Whether the waiver of appeal, signed at the time of a plea, is enforceable where the sentencing court does not make specific rulings and findings … Continue reading
Posted in Blog, Waiver of Appeal
Leave a comment
Ineffective Assistance of Counsel: Failure To Make a Single Legal Argument
p>People v. Cummings New York Court of Appeals February 24, 2011 Issue : whether defense counsel was ineffective for failure to make a single legal argument, that a burglary charge should have been dismissed because a police precinct containing dormitories … Continue reading
Posted in Blog, Ineffective Assistance of Counsel
Leave a comment
Insurance Fraud: Medicaid and Health Care Insurance Fraud
People v. Boothe New York Court of Appeals 2011 NY Slip Op 01365 February 24, 2011 Issue : whether a fraudulent health care insurance act is included in the definition of Penal Law § 176.05 when defendant as an officer … Continue reading