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Category Archives: Discretion of Trial Court
Rules of Evidence: Defendant’s Testimony At Trial
People v. Robinson 2011 NY Slip Op 07147 Decided on October 13, 2011 Issue: Whether the trial court erred when it did not allow the defendant to testify regarding a statement that he had made to the police at the … Continue reading
Federal Sentencing: Reduction of Sentence – Amendment 706 and District Court Discretion under § 3582 – Controlled Substances
UNITED STATES OF AMERICA, Appellee, – V.- LAWRENCE JOHNSON, ALBERTO FLAHARTY, also known as Enrique, also known as Rique, GARTH BRUCE, also known as G-Man, Defendants-Appellants. Decided January 28, 2011 Second Circuit Court of Appeals.
Authority Of The Trial Court To Reinstate An Indictment And Superseding Indictments
People v. Frederick New York Court of Appeals Slip Op 04874 Decided June 10, 2010 Issue : whether a trial court can reinstate an indictment for felony murder after a mistrial had been declared and the indictment dismissed pursuant to … Continue reading
Posted in Blog, Discretion of Trial Court, Indictment
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-Notes From The Jury During Deliberations
People v. Kadarko , New York Court of Appeals, Decided April 6, 2010 2010 NY Slip Op 02834 Notes from the jury during deliberations: does the trial court have to tell all that is in the jury’s note? Issue : … Continue reading
Potential Conflicts and Trial Court’s Discretion to Disqualify Defense Counsel
PEOPLE V. CARNCROSS : New York Court of Appeals decided March 25, 2010 2010 NY Slip Op 02435, 2010 WL 1063952 Issue : Whether a trial court can disqualify defense counsel over the defendant’s objection when there is a potential … Continue reading
