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8 Apr 2015, 7:08 pm by Brian Shiffrin
" (People v Williams, 2015 NY Slip Op 02866 [4/7/15])  Thus, if a defendant waives Miranda, speaks to police about rape accusations, but refused to answer whether he had sex with the complainant, his refusal to answer could not be used to imply consciousness of guilt (the prosecution said the defendant "did not deny" having sex with the complainant) or to cast doubt on his other statements about the incident. [read post]
7 Apr 2015, 2:42 pm by JB
Two interesting amicus briefs in Obergefell v. [read post]
6 Apr 2015, 10:19 am by Brian Shiffrin
Previously, the Court held that where, as here, a prosecutor seeks testimony that the defendant’s version of events was not believable, the witness’s  “. . . testimony is equivalent to an opinion that the defendant is guilty, and the receipt of such testimony may not be condoned (People v Williams, 6 NY2d 18, 23 [1959]; People v Higgins, 5 NY2d 607, 627-628 [1959]; People v Gradon, 43 AD2d 842 [2d Dept 1984]). [read post]
2 Apr 2015, 3:34 pm by Stephen Bilkis
As a corollary to the right to criminal counsel, non-English speaking individuals have the right to an interpreter to enable them to participate meaningfully in their trial and assist in their own defense (see People v Ramos, 26 NY2d 272, 274 [1970]; People v Perez, 198 AD2d 446, 447 [1993]; People v De Armas, 106 AD2d 659). [read post]
2 Apr 2015, 12:48 am by INFORRM
According to William Malcolm, Google’s Senior Privacy Counsel, Google has delisted in 41% of cases and declined to delist in 59% of cases, attempting to be ‘thoughtful and pragmatic’ adopt a nuanced criteria and apply a consistent pan-European approach. [read post]
1 Apr 2015, 11:06 am by Stephen Bilkis
After conferring with both sides, the Court decided to give the entire jury a specific charge on special knowledge or experience of a juror adapting a charge addressed to juror expertise, see People v. [read post]
27 Mar 2015, 10:00 am by Guest Blogger
And while the government could take a more direct regulatory approach, limiting what information people can collect and share, doing that has its costs as well. [read post]
25 Mar 2015, 4:09 am by Amy Howe
Sheehan, in which the Court will consider the duties that the Americans with Disabilities Act imposes on police officers when they deal with people with mental disabilities. [read post]
16 Mar 2015, 5:00 am by Michael Risch
Fast-forward to a relatively huge copyright jury verdict in the Williams v. [read post]