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Category Archives: Harmless Error
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
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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
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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
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