Court of Appeals: No Dual Representation for Pro Se Defendants | Tighter Provisions for Defendants Presenting Psychiatric Evidence at Trial Published April 23, 2018
Youthful Offender Adjudications Allowed in Calculating Risk Level for Sex Offenders Published March 12, 2018
Court of Appeals Looks at Taranovich Factors to Determine Whether Speedy Trial Rights are Violated Published March 6, 2018
Defense Counsel not Ineffective for Consenting to Annotated Descriptions of Defendant’s Alleged Conduct on Jury Verdict Sheet Published February 14, 2018
Cross-Racial Identification Jury Charge Must be Granted when Identifying Witness is Different Race than Defendant Published January 10, 2018
Surrogate Witness “Parroting” Hearsay Statements on DNA Testing and Analysis Violates Sixth Amendment Confrontation Clause Published November 7, 2017
Making Claims Of Ineffective Assistance Of Counsel In A Federal Habeas Corpus Proceeding: Avoiding Procedural Default Published October 11, 2017
The “Tell ‘Em What You Want Rule” of Appellate Advocacy: Advice For Appellate Brief Writing And Oral Argument Published September 19, 2017
When a Life Sentence is the Only Possibility after a Guilty Plea: Defendant Must Be Given a Clear Explanation of Mandatory Penalty Published August 16, 2017
Safeguarding the Constitutional Right to an Impartial Jury: Dismissal Required Where a Juror Expresses Inability to Reach Impartial Verdict Published August 7, 2017
Speedy Trial: Off the Record Statements of Readiness by Prosecution Followed by On Record Statement of Unreadiness Require Explanation of Change in Status Published July 25, 2017
Identifying and Defining Molineux Evidence: The N.Y. Court of Appeals’ Latest Iteration Published July 12, 2017
An Ineffective Trial Strategy Still Amounts to Effective Assistance of Counsel: N.Y. State and Federal Standards of Ineffective Assistance of Counsel Compared Published July 7, 2017
Unlawful Transportation of Aliens: Second Circuit Finds Insufficient Evidence of “Furthering” Illegal Presence in the U.S. Published June 19, 2017
Sentencing Judges Continue to Enjoy Discretion: Judges Permitted to Consider Mandatory Minimum Sentence to Determine Additional Sentence for Predicate Offense Published May 31, 2017
NY Court Of Appeals: DMV Has Authority And Discretion For Permanent Revocation Of Driver’s Licenses. Published May 18, 2017
The Latest Iteration Of The Molineux Rule: The Court Of Appeals Effectively Limits The Type And Scope Of Defenses The Accused May Present At Trial Published May 12, 2017