Knowing And Voluntary Plea: When A Defendant’s Plea Casts Doubt Upon Guilt, A Sentencing Court Must inquire Further Published August 28, 2014
Mens Rea: The Intent To Violate An Order Of Protection May Constitute The Mens Rea Element Of Burglary Published August 27, 2014
Wade And The Photo Array Identification: Defining Suggestiveness And The Presence Of A Third Party During The Photo Array Process Published August 26, 2014
Juror Facebook Posts During Trial And Deliberations: Juror Bias And The McDonough Test Published August 23, 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
Twitter And Tweets: You Do Not Have A Proprietary Interest In The Material You Post To A Social Media Website Published August 19, 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
Knowing And Voluntary Plea: Judge’s Unfulfilled Promise Induced Defendant To Plead Guilty Rendering Guilty Plea Unknowing And Involuntary Published August 14, 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
Insurance Fraud: Court Of Appeals Limits Scope Of Activity Covered By The Term “Fraudulent Insurance Act” Published August 12, 2014
Defendant’s Fitness For Trial: Court Of Appeals Held That It Is Within The Sound Discretion Of The Trial Court To Determine Whether Defendant Is Fit For Trial Published August 11, 2014
Knowing Possession: Court of Appeals Says That Exercise Of Dominion And Control Equals Knowing Possession Published August 8, 2014
Closing Arguments: Trial Court Has Authority To Limit Defense Counsel’s Arguments At Closing Published August 7, 2014
Grand Jury’s Discretion: Prosecution’s Claims That Defense Requested Witness Was Not Relevant Did Not Undermine Grand Jury’s Discretion. Published August 6, 2014
Sleeping Jurors: Judge Did Not Abuse Her Discretion When She Did Not Dismiss A Sleeping Juror During Deliberations Published August 5, 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
Double Jeopardy Clause: The Double Jeopardy Clause Prevents The Imposition Of Post Release Supervision (PRS) At Re-sentencing Published July 30, 2014