Paul Shechtman

August 16, 2019 | New York Law Journal

In its 2018-2019 term, the New York Court of Appeals followed much the same course in criminal law as it has the past few years. Prosecutors had more victories than did defendants; memorandum opinions were commonplace; and Judges Jenny Rivera and Rowan Wilson frequently dissented, often in lengthy opinions. A few cases stand out.

By Paul Shechtman

13 minute read

July 15, 2019 | New York Law Journal

It is time to come to the jury's rescue. Lofty rhetoric will not do.

By Paul Shechtman

14 minute read

June 20, 2019 | New York Law Journal

Sunday marks the 50th anniversary of 'North Carolina v. Pearce', a Warren Court landmark decided on June 23, 1969, Earl Warren's last day as Chief Justice.

By Paul Shechtman

11 minute read

April 17, 2019 | New York Law Journal

Every few years, the New York Court of Appeals considers an evidence issue that would make a challenging law school exam question. This year's case is 'People v. Tapia'.

By Paul Shechtman

14 minute read

February 13, 2019 | New York Law Journal

Eliminating all forms of monetary bail in all cases and sharply limiting the cases that are detention eligible may go too far.

By Paul Shechtman

7 minute read

December 18, 2018 | New York Law Journal

On December 6, the Supreme Court heard oral argument in Gamble v. United States. Gamble calls on the court to revisit the Double Jeopardy Clause's dual sovereignty doctrine—to determine whether the clause bars prosecution by the federal government following a state prosecution for the same offense (or visa versa). Precedent favors the government, but a betting man should not wager too heavily against Gamble.

By Paul Shechtman

11 minute read

August 17, 2018 | New York Law Journal

The 2017-2018 term of the New York Court of Appeals in criminal law was different from others in recent years. First, the court decided only 58 cases. Second, 30 decisions were decided by memorandum opinion; no judge signed his or her name to the decision. Third, the court was often divided. There is much for a reviewer to discuss.

By Paul Shechtman

20 minute read

May 21, 2018 | New York Law Journal

May 20, 2018 marked the 50th anniversary of the Supreme Court's decision in 'Bruton v. United States', 391 U.S. 123 (1968).'Bruton' is a Warren Court landmark and an example of its activism in the cause of defendants' rights.

By Paul Shechtman

11 minute read

February 06, 2018 | New York Law Journal

The Supreme Court's recent decision in 'Kernan v. Cuero' makes one wonder why the Court of Appeals for the Ninth Circuit makes itself such an easy target for its critics.

By Paul Shechtman

5 minute read

October 31, 2017 | New York Law Journal

In this Outside Counsel column, Paul Shechtman writes: If Congress ever summons the will to reform the federal criminal law, §1028A should be among the first provisions it deletes.

By Paul Shechtman

29 minute read