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8 Apr 2015, 7:08 pm by Brian Shiffrin
by James Eckert, Monroe County Assistant Public DefenderThe Court of Appeals, Fahey, J. writing for the court, held: "as a matter of state evidentiary law, that evidence of a defendant's selective silence generally may not be used by the People as part of their case-in-chief, either to allow the jury to infer the defendant's admission of guilt or to impeach the credibility of the defendant's version of events when the defendant has not testified. [read post]
10 Nov 2011, 12:51 pm by James Eckert
SUPREME COURT OF THE STATE OF NEW YORKAppellate Division, Fourth Judicial Department1236 KA 11-00285PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, LINDLEY, AND MARTOCHE, JJ. [read post]
2 Sep 2011, 8:06 am by John Hopkins
Yesterday, Massachusetts Justice Elizabeth Fahey issued an order in the case of Marie Evans, deceased v Lorillard Tobacco Company. [read post]
24 Jan 2011, 8:54 pm
Last week, the New York Court of Appeals rejected a request for discretionary review in People v. [read post]