Sufficiency Challenge : Should Be Assessed Against The Elements Of The Charged Crime, Not Against An Erroneously Heightened Jury Instruction. Published June 15, 2016
Unto The Sons Of Anarchy: Jurors Must Follow The Law As Instructed By The Trial Court Or Face Expulsion Published October 21, 2014
Conscious Avoidance Instruction To The Jury: The Trial Court May Instruct A Jury That Defendant Consciously Avoided Knowledge Of Criminal Activity Where The Evidence Demonstrates That There Was Actual Knowledge Published September 15, 2014
Juror Facebook Posts During Trial And Deliberations: Juror Bias And The McDonough Test Published August 23, 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