Adverse Inference Charge Required Where Defendant Made Timely Request For Material Evidence Lost Or Destroyed By Prosecution Published September 4, 2014
Rape Shield Law: Court Did Not Abuse Its Discretion When It Precluded Defendant From Cross-Examining A Victim’s Past Sexual Conduct, Inappropriate Attire Or Provocative Pictures On Myspace During a Prosecution For A Sex Offense Published September 3, 2014
Warrantless Searches: There Must Be Exigent Circumstances To Justify A Forced Warrantless Entry Into A Home Published September 2, 2014
Knowing And Voluntary Plea: When A Defendant’s Plea Casts Doubt Upon Guilt, A Sentencing Court Must inquire Further Published August 28, 2014
Reasonable Suspicion: Police Must Possess A Sufficient Level Of Knowledge With Specific And Articulable Facts In Order To Conduct A Stop And Frisk Published August 21, 2014
Brady Material: Prosecution Does Not Have An Affirmative Duty To Obtain Exculpatory Evidence Published August 20, 2014
Chemical Test Refusal: Police Must Warn In Clear and Unequivocal Language That Insistence On Waiting For Lawyer Constitutes A Refusal Published August 15, 2014
Expert Testimony: Court Of Appeals Expands The Scope Of Child Sex Abuse Expert’s Testimony To Include Sexual Predator’s Behavior Published August 13, 2014
The Corroboration Rule: CPL § 60.50 Provides That A Defendant Can Not Be Convicted Of A Crime Based Solely Upon His Own Confession. Published July 31, 2014
Defendant Can Not Revisit Past Violent Felony For The Possibility Of Youthful Offender Status Published July 26, 2014
Notes From The Jury: Contents Of The Note Determines Judge’s Obligation To Apprise Defense Counsel Published July 25, 2014
Stripping And Searching: There Are Limits To The Scope Of Police Authority To Search Your Person Before Judicial Intervention Is Required. Published June 1, 2014
The Constitutional Right To Present A Complete Defense – The Exception: Collateral Matters Published March 22, 2013