Jay Goldberg

July 22, 2015 | New York Law Journal

Jay Goldberg examines the way the Second Circuit has handled the critical issue of the standard of review in appeals from decisions and orders of the district courts with respect to suppression motions. Is the standard of review dependent on the particular panel that one draws? That seems to be the result, but this contravenes the need for consistency on a matter of such importance.

By Jay Goldberg

11 minute read

July 21, 2015 | New York Law Journal

Jay Goldberg examines the way the Second Circuit has handled the critical issue of the standard of review in appeals from decisions and orders of the district courts with respect to suppression motions. Is the standard of review dependent on the particular panel that one draws? That seems to be the result, but this contravenes the need for consistency on a matter of such importance.

By Jay Goldberg

11 minute read

December 16, 2014 | New York Law Journal

Jay Goldberg writes: The bench and the bar overstate the importance of the grand jury in deciding whether there should be a criminal prosecution. In fact, the decisions of the grand jury in Ferguson, Mo., and in the case involving the death of Eric Garner in New York, raise the question of whether the criminal justice system can really function without the requirement of a grand jury proceeding altogether.

By Jay Goldberg

7 minute read

December 03, 2013 | New York Law Journal

Jay Goldberg, a member of Jay Goldberg P.C., writes that almost a decade ago, the Second Circuit observed that there is an informational gap that exists between the defense and the prosecution, but what has been done to close the gap? Is there a way to assure that we will stop hearing that some innocence project has proven that a man was wrongly convicted? Action must be taken lest our criminal justice system be thought by the public to be fraught with miscarriages of justice.

By Jay Goldberg

16 minute read

January 08, 2013 | New York Law Journal

Jay Goldberg, an attorney at Jay Goldberg, P.C., writes that reference to the hearsay sections of the Federal Rules of Evidence can at times provide greater relief to the examiner than resort to the impeachment or refreshment of recollection provisions.

By Jay Goldberg

9 minute read

June 26, 2012 | New York Law Journal

Jay Goldberg, an attorney at Jay Goldberg, P.C., discusses two ways seldom used to impair the effectiveness of the government's evidence. First, defense counsel should claim that calling a victim who has since recanted was for the "primary purpose" of impeaching him. Second, defense counsel should make full use of FRE 801(d)(1)(A).

By Jay Goldberg

11 minute read

October 19, 2011 | New York Law Journal

Attorney Jay Goldberg reviews the recent decision in United States v. Ferguson, which touched on issues such as the trial court's admittance of summary charts showing declining stock prices of AIG, jury instructions and the meaning of "willfully caused" in securities fraud cases, and motions for severance in a multi-defendant trial.

By Jay Goldberg

11 minute read

November 06, 2012 | New York Law Journal

Jay Goldberg of Jay Goldberg, P.C. writes: In 'Esso v. United States,' a case of first impression, the Second Circuit ruled that the learned district judge, with a proper limiting instruction, did not commit error in allowing members of the jury to take a redacted version of the indictment home to review. With respect to such sensitive material, cautionary instructions may not be enough.

By Jay Goldberg

15 minute read

March 15, 2012 | New York Law Journal

Attorney Jay Goldberg writes that the goals sought to be accomplished by our system of justice cannot possibly be vindicated unless there are changes to the way the law approaches discovery problems presented by FRE 404(b) and its 1991 amendment.

By Jay Goldberg

16 minute read

July 12, 2004 | New York Law Journal

Jay Goldberg, a principal in the Law Offices of Jay Goldberg, writes that trial lawyers often overlook the reach of FRE 612, which allows opponents to have any writing used by a witness to refresh his memory for the purpose of testifying.

By Jay Goldberg

11 minute read