Denial Of 440 Motion: Where There Are No Sworn Allegations To Support Material Facts, The Trial Court May Deny The Motion Without A Hearing. Published July 20, 2016
Molineux Evidence And Domestic Violence: Testimony Of Prior Acts of Violence Are An Exception To Prohibition On Evidence Of Pior Bad Acts Where They Serve As Background About The Relationship or Establish Intent And Motive Of Defendant. Published July 19, 2016
The Physician Patient Privilege: Admissions To Treating Psychiatrist Inadmissible At Trial. Published May 20, 2015
New Rule By Court of Appeals: The NY Court of Appeals Can Review Summary Denial of 440 Motions For Abuse Of Discretion Published May 19, 2015
The Ninth Circuit: Question Of First Impression Federal Rule of Evidence 901(b)(5) Voice Identification Testimony And Lay Opinions Published May 13, 2015
The Federal Sentencing Guidelines: Use Of Confidential Information To Determine Sentence Under 18 U.S.C. § 3153(c) Published March 9, 2015
Unto The Sons Of Anarchy: Jurors Must Follow The Law As Instructed By The Trial Court Or Face Expulsion Published October 21, 2014
Sinking The Boat Of Exculpatory Evidence: The First Circuit Goes On A Fishing Expedition Looking To Excuse The Government’s Bad Faith Destruction Of Evidence Published October 16, 2014
Marriage Scams For Profit: The Best Man Goes To Prison For Indecent Proposal Published October 15, 2014
Authenticating Web Pages At Trial: Follow Rules Of Authentication FRE Rule 901 Published October 9, 2014
Sixth Amendment Confrontation Rights Not Violated Where Defendant Procures Witness’s Absence At Trial Published September 12, 2014
U.S.S.G § 3582 (C)(2) Sentence Reduction: The District Court May Hold An Evidentiary Hearing To Determine Whether A Sentence Should Be Reduced Published September 11, 2014
Waiving Miranda Rights: Invoking One’s Right To Remain Silent, Then Re-Initiating Communication With Police Constitutes Waiver Published September 5, 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
Brady Material: Prosecution Does Not Have An Affirmative Duty To Obtain Exculpatory Evidence Published August 20, 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
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
Sleeping Jurors: Judge Did Not Abuse Her Discretion When She Did Not Dismiss A Sleeping Juror During Deliberations Published August 5, 2014
