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New York Law Journal | Analysis
By Michael J. Hutter | April 3, 2024
Inquiries received from Michael J. Hutter's previous Evidence column, together with the Supreme Court's grant of certiorari and then subsequent dismissal of the appeal as improvidently granted in 'In re Grand Jury', suggest a discussion of the status if dual purpose communications in New York is both timely and appropriate.
New York Law Journal | Analysis
By Joshua Sohn and Jacob Zucker | March 8, 2024
It isn't news that eyewitness testimony is sometimes inaccurate. What might be news, however, is that significant research makes plain that it is often wrong, even when the eyewitness believes they are telling the truth. Lawyers and courts should reconsider how the rules of evidence treat eyewitness testimony.
New York Law Journal | Analysis
By Patrick M. Connors | March 6, 2024
In the second installment of his New York Practice column on the amendment to CPLR 2106, which went into effect Jan. 1, 2024, Patrick M. Connors continues the discussion by highlighting additional potential problems presented by the amendment.
New York Law Journal | Analysis
By Patrick M. Connors | February 28, 2024
In the first of this two-part New York Practice column, Patrick M. Connors discusses how, effective Jan. 1, 2024, CPLR 2106 was substantially amended to allow any person to submit an affirmation in lieu of an affidavit, "with the same force and effect." This is one of the most significant changes to the CPLR in the 21st century and will impact many areas of practice.
New York Law Journal | Analysis
By Michael J. Hutter | February 14, 2024
A unanimous decision from the Court of Appeals forcefully emphasized that in legal matters, either in response to a FOIL request or in civil litigation, a governmental entity and its counsel are entitled to engage in confidential communications with counsel to discuss, establish and maintain its legal position, protected by the privilege. Due to the significance of the case, this article discusses the court's decision and the takeaways from it.
By Paul Shechtman | January 26, 2024
In November of 2023, the Supreme Court granted certiorari in United States v. Diaz, which raises a question about the admissibility of expert law enforcement testimony offered to support the prosecution's theory that the defendant knew she was transporting drugs. In his article, Yale Law Professor Paul Schechtman discusses the case and its potential implications.
New York Law Journal | Analysis
By Michael J. Hutter | December 6, 2023
The Supreme Court and the Court of Appeals through the years have debated the appropriate ambit of the 'Bruton' and 'Crawford' confrontation rules of exclusion. This ongoing debate has been dramatically evidenced by three recent decisions. As these decisions greatly impact the prosecution and defense of criminal defendants in the New York state courts, this column will address them.
New York Law Journal | Analysis
By Martin A. Schwartz | November 6, 2023
Police fabrication of evidence gives rise to a steady stream of §1983 fabrication of evidence claims, which frequently raise important, difficult legal issues. The recent decision in 'Barnes v. City of New York' illustrates some of the complications that can arise.
New York Law Journal | Commentary
By Joel Cohen | November 1, 2023
a lawyer who is presented by his client with a plan to commit a "future" crime can be compelled before a grand jury to give testimony against that client. The courts have long recognized the "crime fraud exception" to the privilege in such instances.
By Ellen Bardash | October 31, 2023
The update to Rule 702, set to go into effect officially on Dec. 1, has raised the issue of whether it's a long overdue way to hold judges to an evidentiary standard they should have been following for decades or if it encourages them to cross over into the jurors' domain.
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