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
The New York Court of Appeals Holds That a Search is Not a Search: Orwellian Principles + Unconstitutional Search= No Search Published May 10, 2017
Codefendant Felony Acquitted: Assisting Defendant May Still Be Criminally Liable Published March 13, 2017
Inability to Speak English Not a Suspect Class for Equal Protection and Due Process Violation Published January 3, 2017
Insider Trading: Supreme Court Broadens the Definition of Personal Benefit to Include Gifts Made to Relatives and Friends Published January 3, 2017
Release of GPS Location to Police: Cell Phone Providers Permitted to Make Call Published December 20, 2016
Double Jeopardy: Retrial Hangs On Inconsistent Verdicts After Vacated Conviction Published December 13, 2016
Defining Actus Reus: Concurrent or Consecutive Sentences under Penal Law 70.25 Published December 7, 2016
