-
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: December 2011
Hearing Impairment Does Not Per Se Preclude Individual As A Juror: Trial Court Has Discretion And If Possible Reasonable Accommodation Should Be Made
People v. Guay 2011 NY Slip Op 08178 Decided November 15, 2011 New York Court of Appeals. Issue: Whether Supreme Court abused its discretion when it dismissed a hearing-impaired prospective juror for cause. Holding: We hold that it did not. Trial courts … Continue reading
Posted in Voir Dire: Jury Selection
Leave a comment
Court Must Advise Of Post Release Supervision Or Reversal Is Warranted
People v. McAlpin 2011 Slip Op 08456 Decided November 22, 2011 New York Court of Appeals Issue: Whether the trial court’s failure to mention the potential imposition of post-release supervision at sentencing required reversal and vacatur of the plea. Holding: Where … Continue reading
Posted in Post-Release Supervision, Sentence
Leave a comment
The Molineux Rule And The Scope Of Expert Witness Testimony
People v. Rivers 2011 NY Slip Op 08455 Decided November 22, 2011 New York Court of Appeals See also Eyewitness Identification Expert: When Is Expert Testimony Admissible Issue(s): 1) Whether repeated violations of the trial court’s Molineux ruling was so prejudicial … Continue reading
Due Process/Harmless Error: Shackles On The Defendant At Trial.
People v. Clyde 2011 NY Slip Op 08453 Decided November 22, 2011 New York Court of Appeals Issue: whether the presence of shackles on the defendant during trial violated his constitutional rights and whether it so prejudiced the defendant that … Continue reading
Posted in Due Process, Harmless Error, Trial Procedures
Leave a comment
Can A Defendant Be Forced To Wear Shackles During A Trial?
People v. Cruz 2011 NY Slip Op 08454 Decided November 22, 2011 New York Court of Appeals Issue: whether the presence of leg shackles on the defendant during trial was a violation of his constitutional rights and so highly prejudicial that … Continue reading