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
Sixth Amendment Confrontation Clause: Limiting Cross-Examination Of Accomplice Witness Violates Confrontation Clause Published August 29, 2014
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