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28 Apr 2014, 2:33 pm by Stephen Bilkis
According to the People v Savinon, 100 NY2d 192, 196 [2003] the missing witness instruction was to allow a jury to make an unfavorable interference based on a party’s failure to call a witness, who would usually support their version of the events. [read post]
6 Jun 2011, 6:09 pm by Stephen Gillers
Not an ethics question for lawyers, but certainly one for lay people, is the propriety of trying to undermine the credibility of (to attack the character of) the alleged victim, with facts and innuendo, even if the defense lawyer knows, as sometimes a lawyer does know, that she is telling the truth. [read post]
20 Jan 2014, 8:15 pm by Walter Olson
Columnist George Will cites the Cato Institute amicus brief in Harris v. [read post]
21 May 2014, 4:35 pm by Stephen Bilkis
Under the Fourth Amendment it is unreasonable to seize evidence unless the evidence was within the plain view of the officer’s sight according to People v Spinelli, 35 NY2d 77 [1974] and the property was recovered as a result of an inventory search. [read post]
26 Apr 2014, 2:34 pm by Stephen Bilkis
People v Bolson Court Discusses Whether a Family Member can be classified as a victim within the meaning of Section 390.30 (3) (b) of the CPL The defendant was convicted of driving while intoxicated but acquitted of manslaughter and vehicular assault. [read post]
13 Feb 2015, 3:15 am by Steve Clowney
Bradford Mank (Cincinnati) has posted Standing to View Other People's Land: The D.C. [read post]
30 Nov 2020, 11:07 am
  Chester Turner is convicted of killing not one person, not two people, not three people, but ten people. [read post]
29 Jun 2016, 5:00 am by Danielle Wild
by Jill Paperno, First Assistant Public Defender and author of Representing the Accused: A Practical Guide to Criminal DefenseAmong some of yesterday’s disappointing Court of Appeals decisions there is one that can be useful to us – People v. [read post]
3 Aug 2017, 2:28 pm by Thaddeus Hoffmeister
NYTimes.com: Court Affirms New York State Law Governing Anonymous Juries People v. [read post]
25 Aug 2022, 10:43 am
But one of the downsides is the obligation (sorta) to write 80-page law review articles that few people will ever read and that affect the world -- if at all -- only marginally. [read post]
8 Jan 2020, 11:42 am
You read opinions about people shooting and killing a lot of different types of people. [read post]
17 Jun 2021, 2:02 pm
  The fancy word wasn't just used to impress people; it fits perfectly. [read post]