Contact Us
Archives
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- November 2012
- October 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- March 2011
- February 2011
- January 2011
- July 2010
- June 2010
- April 2010
- March 2010
- January 2010
- September 2009
Category Archives: Evidence
The Right To Present A Defense And The Boundaries Of Collateral Evidence
People v. Spencer The erroneous exclusion of relevant evidence will not necessarily lead to a conviction being overturned on appeal. The People v. Spencer 2101 N Y Slip Op 08567 Decided: December 13 2012 New York Court of Appeals Issue: … Continue reading
The Constitutional Right To Present A Complete Defense – The Exception: Collateral Matters
The People & c., Respondent v. Andrew Spencer, Appellant 20 NY3d 955 Decided: December 13, 2012 Issue: The defendant sought to interpose a defense, claiming that the complainant falsely implicated the defendant to protect the third party in this case … Continue reading
Posted in Due Process, Evidence, Harmless Error
Leave a comment
Eliminating Jurors For Cause And Limiting Instructions To The Jury On Hearsay
People v. Harris 2012 NY Slip Op 06990 Decided by The New York Court of Appeals on October 18, 2012. Issues: 1) Whether a prospective juror should have been excluded for cause when she stated that she had an opinion … Continue reading
Posted in Evidence, Harmless Error, Hearsay, Voir Dire: Jury Selection
Tagged Hearsay, Limiting Instructions To Jury
Leave a comment
Eyewitness Identification Expert: When Is Expert Testimony Admissible
People v. Santiago 2011 NY Slip Op 07303 Decided New York Court of Appeals October 20, 2011 See also The Scope of Expert Witness Testimony Issue: whether two additional eyewitness identifications sufficiently corroborated the victim’s identification of the defendant, so … Continue reading
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
