October 01, 2021 | New York Law Journal
SCOTUS Set To Examine an Evidentiary 'Mess' in 'Hemphill'The case calls on the Supreme Court to examine the relationship between the Confrontation Clause and the open-the-door doctrine.
By Paul Shechtman
12 minute read
September 13, 2021 | New York Law Journal
Understanding the Significance of Supreme Court Cert in 'Shinn v. Jones'Does the general prohibition on a federal habeas court's considering evidence outside the state court record "apply when a court reviews the merits of an ineffective-assistance claim that has passed through [the] 'Martinez' gateway around procedural default?" Disentangling that sentence is worthy of a Law Journal article, so here goes.
By Paul Shechtman
12 minute read
August 20, 2021 | New York Law Journal
Depraved Indifference, Scope of Warrant and Other Significant OpinionsThe Court was often divided—there were dissenting opinions in almost half of the cases, and many dissents were sharply written.
By Paul Shechtman
15 minute read
January 06, 2021 | New York Law Journal
Large Number of Invalidated Appeal Waivers Illustrates Need for Change"Something has to give. What is happening now is an embarrassment to our courts."
By Paul Shechtman
6 minute read
December 01, 2020 | New York Law Journal
A Riveting Account of 'Duncan v. Louisiana', Civil Rights and Courageous LawyersVan Meter's book is far more than a case history.
By Paul Shechtman
6 minute read
August 21, 2020 | New York Law Journal
Amid Pandemic, Criminal Cases Continued To Steer a Middle CourseIn a term disrupted by the COVID-19 pandemic, the New York Court of Appeals decided 42 criminal cases and continued to steer a middle course.
By Paul Shechtman
15 minute read
April 20, 2020 | New York Law Journal
'Williams' Tackles 'Frye' and Scientific EvidenceThe court in 'Williams' denied the defense's request for a 'Frye' hearing on LCN DNA testing.
By Paul Shechtman
12 minute read
February 20, 2020 | New York Law Journal
Appellate Waivers: Traversing the MazeThis essay examines 'People v. Thomas' and the law of appellate waivers. To borrow Judge Rowan Wilson's words, the law has become a "Daedalean maze"—a labyrinth like the one that Daedalus is said to have designed for King Minos to hold Minotaur.
By Paul Shechtman
15 minute read
December 10, 2019 | New York Law Journal
'I Swear': A Thought-Provoking Dialogue on OathsCohen is a first-rate story teller, and the stories that he tells force the reader to think deeply about oath-taking—about the importance of adherence to oaths and the situations that may allow for deviation.
By Paul Shechtman
5 minute read
September 23, 2019 | New York Law Journal
'White v. Louisiana': Flawed Memory and the Confrontation ClauseThe certiorari stage is typically too early to write about a case, but 'White v. Louisiana' has already attracted the attention of Evidence professors, and rightly so. The U.S. Supreme Court is scheduled to consider White's petition in October, when it returns to business.
By Paul Shechtman
14 minute read
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