This past October, the New York Court of Appeals decided People v. Morris.1 Morris is an evidence teacher’s delight: it poses questions about Molineux evidence, the hearsay rule, and the effectiveness of limiting instructions. And it divided the court 4-3.
Chadon Morris was indicted for three charges: (i) possession of a gun with intent to use it unlawfully; (ii) possession of a gun (the same gun) outside his home or place of business; and (iii) resisting arrest. He was acquitted of the first and third charges but convicted of the second and sentenced to five years’ imprisonment. At trial, the jury heard two divergent accounts of events occurring on April 25, 2007, in Far Rockaway.
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