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
Business Records: What Constitutes A Business Record For Purposes Of Insurance Fraud Published July 29, 2014
Defendant Can Not Revisit Past Violent Felony For The Possibility Of Youthful Offender Status Published July 26, 2014
Notes From The Jury: Contents Of The Note Determines Judge’s Obligation To Apprise Defense Counsel Published July 25, 2014
Due Process Is Required When Revoking A Conditional Sentence: A Hearing Is Not Required But There Must Be An Inquiry Of Sufficient Depth To Satisfy Due Process Published July 24, 2014
Authority Of A Search Warrant Does Not Diminish Over Time When Property Is Continuously Held By Police Published July 23, 2014