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New York Law Journal

Chastening the Prosecutor's Darlings? SCOTUS To Assess 'Right-To-Control' and Honest Services Fraud

In 'Ciminelli' and 'Percoco', the Supreme Court will have the opportunity to further limit prosecutors' use of unduly broad interpretations of the federal fraud laws to impose their own notions of an integrity code onto state government and many other arenas beyond their proper reach.
13 minute read

Daily Business Review

In Reversal of Postconviction Trial Court Ruling, Florida Appeals Court Reinstates Ineffective-Counsel Claims

A Florida appeals court has reversed a trial court's rejection of a convict's ineffective-assistance grounds as relief from his conviction, saying that a judge's "subsequent explanation" regarding his true sentence-length exposure could not "cure" his lawyer's earlier wrongful advice.
5 minute read

National Law Journal

DOJ Urges DC Circuit to Uphold Key Felony Offense Against Accused Capitol Rioters

Prosecutors urged the court to reject a "narrow interpretation" of the obstruction statute that a lower court judge used to dismiss charges against three men accused of taking part in the riot.
5 minute read

New York Law Journal

New York's High Court to Hear 'Bruen' Challenge to Gun-Possession Law

The decision by a Court of Appeals judge comes as defense attorneys have brought a barrage of challenges to New York's gun laws citing a recent and controversial decision by the U.S. Supreme Court.
4 minute read

Law.com

Virginia's Medical-Amnesty Statute Divides Appeals Court Over 2 Questions of First Impression

"Unfortunately, although no doubt well-intentioned, the majority violates the judicial norms listed above," Judge Wesley G. Russell Jr. wrote in the dissent. "As explained below, I believe the majority's departures from these norms lead the majority to an incorrect conclusion: that a defendant may invoke the protections of the overdose statute without actually experiencing an overdose."
6 minute read

New York Law Journal

Court of Appeals Evidence Decisions Update

The court issued decisions addressing, among other evidence matters, the admissibility of screenshots, expert testimony concerning false confessions, impeaching evidence as limited by the collateral evidence rule, 911 calls under the present sense impression hearsay exception and expert scientific DNA evidence based on complex computer analysis. The court also had two of its prior decisions addressing Confrontation Clause issues rejected by the U.S. Supreme Court.
19 minute read

Law.com

Regardless of Warrant, Police Still Need Defendant's Consent for Blood-Alcohol Evidence to Be Admissible, High Court Says

"[W]e agree with the defendant and do not read the statute to apply only where both a blood draw and subsequent chemical test or analysis is done by or at the direction of police. First, such an interpretation would contradict the plain language of the statute, rendering the consent provision of §24(1)(e) inoperative in certain situations where, according to the plain language of the statute, the consent provision applies," Justice Elspeth B. Cypher wrote on behalf of the state high court.
5 minute read

New York Law Journal

The 'Money Train' Murder: Anatomy of Three False Confessions

The system is broken and desperately in need of reform, writes Saul Kassin of the John Jay College of Criminal Justice. At the bare minimum, police should be required to videotape suspect interrogations in their entirety.
12 minute read

New York Law Journal

The Right To Present a Complete Defense

A unanimous Court of Appeals has underscored the principle that, under certain circumstances, a court's discretion can be limited by a defendant's constitutional right to present a defense.
8 minute read

New York Law Journal

Armed With SCOTUS' Ruling in 'Bruen,' New York Defense Attorneys Fighting Uphill Battle Against Gun Charges

A judge said in a recent ruling that New York state courts have been hit with a "flood" of constitutional challenges filed on behalf of defendants facing illegal gun possession charges.
7 minute read

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