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Recent Post
- The Statute of Limitations In Criminal Cases Regarding Sex Crimes Against Minors
- Sixth Amendment Confrontation Clause: Physical Gestures As Testimony
- Tolling The Statute Of Limitations For Filing Writ Of Habeas Corpus
- Implied Bias Of Prospective Jurors And Challenging A Juror For Cause
- Statute of Limitations For Habeas Corpus and The Certificate of Appealability
Monthly Archives: September 2011
Unduly Suggestive Lineups: When Only The Defendant Matches A Key Aspect Of The Description
People v. Kenley 2011 NY SLip Op 06331 Appellate Division, First Department Decided August 25, 2011 Issue: Whether the lineup was unduly suggestive when only the defendant matched a key aspect of the description provided by witnesses. Holding: A lineup … Continue reading
Reasonable Suspicion For The Stop and Frisk
People v. Fernandez Appellate Division, First Department 2011 NY Slip Op 06299 Decided August 18, 2011 Issue: Whether the behavior of defendant constituted reasonable suspicion for the police to stop and detain the defendant and forcibly search his person. Holding: … Continue reading
Defense Counsel’s Failure to Object Constitutes Ineffective Assistance of Counsel
People v. Miller Appellate Division, Second Department 2011 NY Slip Op 06573 Decided on September 20, 2011 Issue: Whether defense counsel’s failure to object to certain prejudicial testimony that established his client’s propensity to commit the crimes charged deprived the defendant … Continue reading
Prosecution’s Comments on Defendant’s Post Arrest Silence Constitute Reversible Error
People v. Tucker Appellate Division, Second Department 2011 NY Slip Op 06575 Decided on September 20, 2011 Issue: Whether reference to the defendant’s post arrest silence in the prosecutor’s cross examination of defendant and during the prosecutor’s closing arguments when prosecutor stated that ”an innocent … Continue reading