Effective Assistance of Counsel And N.Y. Criminal Procedure Law §440 (The 440 Motion). Published November 24, 2014
Adequacy of Miranda Warnings And The Fifth Amendment Right To Remain Silent Published November 3, 2014
Drug Law Reform Act Of 2009 Excludes Certain Defendants From Sentence Reduction Published October 31, 2014
CPL 450.90(2) Appealing To The Court Of Appeals From Appellate Division: Mixed Questions of Law And Fact Don’t Fly Published October 30, 2014
The Doctrine Of Manifest Necessity: Before Declaring A Mistrial, A Judge Must Consider All Circumstances Published October 29, 2014
Right To A Speedy “Re-Trial”: Calculating Speedy Trial Time On Remand From An Appellate Court Published October 28, 2014
Knowing Criminal Possession: A Defendant Must Be Within Close Proximity To Assume The Presumption Under Penal Law §220.25(2) Published October 27, 2014
The Limited Power Of The New York Court Of Appeals: Mixed Questions Of Law And Fact Published October 24, 2014
Searches Of Closed Containers Within A Home: Where No Exigent Circumstances Exist, Police Must Obtain Warrant To Search Closed Container Within The Home Published October 23, 2014
Tampering With Witness On Facebook And YouTube: Posting “Snitches Get Stitches” Constitutes Witness Tampering Published October 22, 2014
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
Sentencing Guidelines Cross Reference §2C1.1(c)(1): Fake Cocaine And Government Sting Operation Published October 13, 2014
Granting Habeas Relief: Circuit Courts May Not Rely On Their Own Precedent But Must Rely On Federal Law “As Determined By The U.S Supreme Court” Published October 10, 2014
Authenticating Web Pages At Trial: Follow Rules Of Authentication FRE Rule 901 Published October 9, 2014
Your Cell Phone And The Fourth Amendment: Police May Not Conduct A Warrantless Search Of Your Cellphone Even After Your Arrest Published October 8, 2014
Statutory Interpretation: A Criminal Statute That Begins With The Word ‘Knowingly’ Makes That Mens Rea Applicable To Every Element Of The Crime Published October 7, 2014