Paul Shechtman

September 13, 2021 | New York Law Journal

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

The 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

"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

Van Meter's book is far more than a case history.

By Paul Shechtman

6 minute read

August 21, 2020 | New York Law Journal

In 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

The 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

This 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

Cohen 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

The 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

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