Helpful Non-California Cases:
Selected Cases From Federal and Out-of-State Jurisdictions
United States Supreme Court
New York Court of Appeals
United States Supreme Court (January-December 2011)
The Criminalist Who Did The Test Must Testify. Bullcoming v. New Mexico (6/23/2011, No. 09–10876) ____ US ____ [2011 U.S. LEXIS 4790]: Calling a supervisor who did not perform or observe the test violates Crawford v. Washington (2004) 541 US 36 and Melendez-Diaz v. Massachusetts (2009) 557 US ____ [174 LEd2d 2314; 129 SCt 2527]. Court also rejects the claim that this is somehow nontestimonial, saying, “A document created solely for an evidentiary purpose, Melendez-Diaz clarified, made in aid of a police investigation, ranks as testimonial.”
Miranda Custody: Age Is Relevant Factor. J. D. B. v. North Carolina (6/16/2011, No. 09-11121) ____ US ____ [2011 U.S. LEXIS 4557]: A child’s age is a relevant factor to consider in determining whether the child is “in custody” warranting Miranda warnings.
Murder Of Police Officer 18 USC 1512(a)(1)(C) – Reasonable Likelihood Of Communication. Fowler v. U.S. (5/26/2011, No. 10–5443) ____ US ____ [179 LEd 2d 1099; ____ SCt ____; 2011 U.S. LEXIS 4019]: In a 18 USC 1512(a)(1)(C) prosecution, the Government must establish that there was a reasonable likelihood that the relevant communication would have been communicated to a federal officer.
Federal Courts (January-December 2011)
1st Circuit Court of Appeals
U.S. v. Vazquez-Rivera (12/22/2011, 1st Cir. No. 10-1930) 665 F3d 351: Conviction and sentencing of defendant for possession and transportation of child pornography are reversed where the prosecution’s case extensively relied on improper testimony.
Invalid Guilty Plea: Failure To Inform Defendant Of Maximum Punishment. U.S. v. Ortiz-Garcia (12/7/2011, 1st Cir. No. 10-2323) 665 F3d 279: Defendant’s plea agreement is unenforceable and the district court’s Rule 11 violation constituted plain error where defendant was not informed that the maximum penalty for the crime to which he was pleading guilty was life imprisonment.
Miranda. U.S. v. Rogers (10/4/2011, 1st Cir. No. 09-2405) 2011 U.S. App. LEXIS 20122: Questioning of defendant without warning of rights violated Miranda. Case remanded for further consideration of the sufficiency of any curative action in support of the subsequent Miranda warnings, as required by Missouri v. Seibert (2004) 542 US 600.
Double Jeopardy: LIO. U.S. v. Garcia-Ortiz (9/12/2011, 1st Cir. No. 09-2325) 657 F3d 25: Double jeopardy required reversal where defendant also convicted of greater offense.
Variance: Due Process. U.S. v. Dellosantos (8/16/2011, 1st Cir. No. 09-2135) 2011 U.S. App. LEXIS 16880: Evidence against defendant varied from the conspiracy identified in the indictment and caused defendant to suffer unfair prejudice.
Cumulative Error. U.S. v. Morales Sanabria (7/11/2011, 1st Cir. No. 09-2298) 645 F3d 505: Multiple drug trafficking counts reversed due to the cumulative error in evidentiary rulings.
Insufficient Evidence To Support Drug Quantity Finding (21 USC 841(a)(1)). U.S. v. Fernandez-Hernandez (6/30/2011, 1st Cir. No. 09-1285) 2011 U.S. App. LEXIS 13306: Although the evidence was sufficient to prove defendant’s involvement in crimes of drug conspiracy and distribution, it did not support the jury’s findings of elevated quantities of drugs.
ACCA (18 USC 924(e)): Violent Felony Must Be Charged. U.S. v. Holloway (1/30/2011, 1st Cir. No. 08-2273) 630 F3d 252: The rule in U.S. v. Mangos (1st Cir. 1998) 134 F3d 460, 464, that the boilerplate charging language of assault and battery alone establishes a violent felony is no longer good law.
2nd Circuit Court of Appeals
IAC Failure To Move For Change Of Venue. Cornell v. Kirkpatrick (12/1/2011, 2nd Cir. No. 10-561) 665 F3d 369: Trial counsel’s failure to object to venue resulted in defendant receiving ineffective assistance of counsel.
Prosecutor Immunity. Flagler v. Trainor (11/21/2011, 2nd Cir. No. 10-4081) 2011 U.S. App. LEXIS 23254: Remanded for district court determination of whether immunity extends to prosecutor’s decision to “preserve” evidence after the underlying criminal prosecution was over, and because absolute immunity does not shield a prosecutor from: 1) making defamatory statements to the press; 2) accessing a person’s voicemail without consent; or 3) persuading a party to a conversation to record its contents.
Insufficient Evidence Of Depraved Murder. Rivera v. Cuomo (8/9/2011, 2nd Cir. No. 10-224) 011 U.S. App. LEXIS 16502: District court erred in holding that the applicable law of depraved indifference murder was the law in effect when petitioner was convicted, instead of the law as it existed when petitioner’s conviction became final.
IAC: Hearing On Prejudice. Raysor v. U.S. (7/27/2011, 2nd Cir. No. 09-3871) 647 F3d 491: Lower court erred in concluding that petitioner failed to establish prejudice from counsel’s ineffectiveness without holding a full evidentiary hearing.
Securities Fraud: Improper Venue. U.S. v. Tzolov (6/15/2011, 2nd Cir. No. 10-562) 2011 U.S. App. LEXIS 12134: Conviction for securities fraud and conspiracy to commit securities and wire fraud, 15 USC sections 78j(b), 78ff and 18 USC sections 371, 1349, reversed in part where venue was not proper for the substantive securities fraud count.
Self Incrimination. Wood v. Ercole (5/4/2011, 2nd Cir. No. 09-2905) 2011 U.S. App. LEXIS 9108: Reversible error to admit evidence of statements defendant made in prison.
Securities Charges: Calculation Of Forfeiture Amount. U.S. v. Treacy (3/9/2011, 2nd Cir. No. 09-3939) 2011 U.S. App. LEXIS 4623: District court erred in calculation of forfeiture amount.
Insufficient Evidence: Felony Assault. Langston v. Smith (1/7/2011, 2nd Cir. No. 10-3045) 630 F3d 310: Habeas grant affirmed where no reasonable jury could have convicted petitioner of felony assault, and the state appellate court unreasonably applied Jackson v. Virginia (1979) 443 US 307, in concluding otherwise.
Travel In Foreign Commerce (18 USC 2423(b)): Territorial Nexus To The United States Required. U.S. v. Weingarten (1/18/2011, 2nd Cir. No. 09-2043) 2011 U.S. App. LEXIS 862: Travel by a U.S. citizen between two foreign countries, absent any territorial nexus to the U.S., did not constitute “travel in foreign commerce” within the meaning of 18 U.S.C. section 2423(b).
3rd Circuit Court of Appeals
Death Penalty: IAC – Mitigation Investigation. Blystone v. Horn (12/22/2011, 3rd Cir. Nos. 05-9002 and 05-9003) 664 F3d 397: Trial counsel was ineffective for failing to investigate, develop, or introduce expert mental health testimony and institutional records in mitigation.
Money Laundering: Insufficient Evidence. U.S. v. Richardson (9/23/2011, 3rd Cir. No. 11-1202) 658 F3d 333: Evidence was insufficient to sustain the money laundering conviction.
Intent Instruction Violated Doyle v. Ohio. U.S. v. Waller (8/16/2011, 3rd Cir. No. 10-1321) 2011 U.S. App. LEXIS 16876: Instruction allowing the jurors to consider “any statements made or omitted by the defendant” violated Doyle v. Ohio, 426 US 610, 619, 96 SCt 2240, 49 LEd2d 91 (1976).
Equitable Tolling Based On Defendant’s Inability To Understand English. Pabon v. Superintendent SCI Mahanoy (7/12/2011, 3rd Cir. No. 08-1536) 2011 U.S. App. LEXIS 14255: Defendant’s language deficiency, coupled with the prison system’s lack of Spanish-language legal materials or interpreters, tolled federal habeas limitations period for petition.
Plea Bargain: IAC. U.S. v. Orocio (6/29/2011, 3rd Cir. No. 10-1231) 2011 U.S. App. LEXIS 13214: Padilla v. Kentucky (3/31/2010, No. 08-651) ____ US ____ [176 LEd2d 284; 130 SCt 1473] retroactively applied on collateral review.
IAC: Failure To Present Rebuttal Testimony At Sentencing. Showers v. Beard (3/28/2011, 3rd Cir. No. 09-2185) 2011 U.S. App. LEXIS 6217: Failure of trial counsel to present rebuttal expert testimony constituted ineffective assistance of counsel.
Prosecution Obtains Writ Of Mandamus Requiring Judge To Instruct On All Elements Of Charged Crime. U.S. v. Higdon (3/17/2011, 3rd Cir. No. 10-3882) 2011 U.S. App. LEXIS 5264: Petition for a writ of mandamus directing district court to properly instruct a jury on the elements of charged crime is granted where government had no other adequate means of seeking relief and conduct by trial court constituted clear and indisputable error.
Hobbs Act: Acting “Under Color Of Official Right” As Element. U.S. v. Manzo (2/17/2011, 3rd Cir. No. 10-2489) 2011 U.S. App. LEXIS 3113: Acting “under color of official right” is a required element of an extortion Hobbs Act offense (18 USC 1951(a)), whether inchoate or substantive, when that offense does not involve threatened force, violence or fear.
Brady. Lambert v. Beard (2/7/2011, 3rd Cir. No. 07-9005) 2011 U.S. App. LEXIS 2333: Judgment vacated for Brady violation due to the prosecution’s failure to disclose a Police Activity Sheet (PAS) in which an informant had identified another person as involved in the crime.
Counsel: Conflict Of Interest Trial. Morris v. Beard (1/26/2011, 3rd Cir. No. 08-9001) 2011 U.S. App. LEXIS 1551: Counsel’s concurrent representation was an actual conflict of interest that deprived defendant of effective assistance of counsel.
4th Circuit Court of Appeals
Obstruction Of Justice: Insufficient Evidence. U.S. v. Blair (9/21/2011, 4th Cir. No. 10-4478) 2011 U.S. App. LEXIS 19326: Obstruction-of-justice charge reversed due to insufficient evidence.
Insufficient Evidence Of Robbery. U.S. v. Bonner (8/5/2011, 4th Cir. No. 10-4768) 648 F3d 209: Prosecution failed to produce sufficient identity evidence placing defendant at the robbery and relied on unsubstantiated, unscientific inferences to bolster its minimal evidence.
IAC: Miranda. Tice v. Johnson (4/20/2011, 4th Cir. No. 09-8245) 2011 U.S. App. LEXIS 8012: Failure of defense counsel to challenge a coerced confession on Miranda grounds violated the defendant’s right to effective assistance of counsel.
Improper Elevation Of Misdemeanors To Felonies. U.S. v. Cioni (4/20/2011, 4th Cir. No. 09-4321) 2011 U.S. App. LEXIS 8085: Offenses relating to obtaining information through unauthorized access to computers in violation of 18 USC 1030(a)(2)(C) were improperly elevated from misdemeanors to felonies.
Defendant’s Right To Access Grand Jury Testimony. U.S. v. King (1/10/2011, 4th Cir. No. 07-4885) 628 F3d 693: Conviction vacated for the district court’s in camera inspection of a witness’s grand jury testimony as the government deprived defendant of any access to the grand jury testimony and so prevented him from specifically proving its materiality.
5th Circuit Court of Appeals
Transporting Illegal Aliens: Reckless Endangerment Enhancement. U.S. v. Rodriguez (1/6/2011, 5th Cir. No. 10-40023) 630 F3d 377: District court erred by applying a reckless-endangerment enhancement.
Buyer-Seller Relationship Insufficient To Prove Possession With Intent To Distribute. U.S. v. Delgado (1/19/2011, 5th Cir. No. 07-41041) 631 F3d 685: Conviction vacated because 1) there was no evidence that defendant entered into an agreement with anyone other than the informer to engage in anything beyond a simple buyer-seller transaction; and 2) members of the prosecution team engaged in prejudicial misconduct.
6th Circuit Court of Appeals
Aggravating Factors For A Death Verdict Must Be Found Beyond A Reasonable Doubt. U.S. v. Gabrion (8/3/2011, 6th Cir. Nos. 02-1386/1461/1570) 648 F3d 307: To find that aggravating factors outweigh mitigating factors to justify a death sentence, the jury must find those factors true beyond a reasonable doubt.
IAC At Penalty Phase Of Death Penalty Trial: Failure To Present Mitigating Evidence Was Prejudicial. Goodwin v. Johnson (1/21/2011, 6th Cir. Nos. 06-3571, 06-3572) 632 F3d 301: Habeas grant affirmed where it was reasonably probable that at least one juror would have voted against death had defense counsel presented the mitigating evidence at issue.
7th Circuit Court of Appeals
Unavailability Of Prosecution Witness: Failure To Subpoena Shows Bad Faith. Cross v. Hardy (1/13/2011, 7th Cir. No. 09-1666) 632 F3d 356: Where the complainant’s testimony was critical and the state neglected to subpoena her despite knowing that she was extremely reluctant to testify, the state did not sufficiently demonstrate that it acted in good faith.
9th Circuit Court of Appeals
Delay In Presenting Defendant To Magistrate. U.S. v. Valenzuela-Espinoza (12/28/2011, 9th Cir. No. 10-10060) 664 F3d 1265: Defendant’s statements, made more than 6 hours after arrest, should have been suppressed per McNabb v. United States (1943) 318 US 332 [87 LEd 819; 63 SCt 608].
Confrontation. Merolillo v. Yates (12/12/2011, 9th Cir. No. 08-56952) 663 F3d 444: Admission of a non-testifying autopsy pathologist’s opinion violated petitioner’s Sixth Amendment right to confrontation.
Brady: Habeas Claim Strengthened By Later-Discovered Materials. Gonzalez v. Wong (12/7/2011, 9th Cir. No. 08-99025) 667 F3d 965: Petitioner entitled to return to the State court to present his claim with the benefit of the materials that were not available and not part of the record at the time of the State court’s decision.
Prosecutorial Misconduct For Telling The Jury To Send A Message. U.S. v. Sanchez (11/1/2011, 9th Cir. No. 10-50192) 2011 U.S. App. LEXIS 22068: The defendant was convicted of transporting 64 pounds of cocaine. The defense was duress, that the Mexican drug cartels threatened his family. In final argument, the U.S. attorney argued that if the jury acquitted, a memo should be sent to all drug traffickers to just say that their families were threatened. The Ninth Circuit reversed for prosecutorial misconduct during final argument. The argument told the jury to convict, not because the defendant was guilty, but because of the societal implications of a not-guilty verdict.
IAC: Failure To Challenge Felony Murder Instruction. Jackson v. Ryan (9/1/2011, 9th Cir. No. 10-15067) 2011 U.S. App. LEXIS 18209 [opinion withdrawn by 2011 U.S. App. LEXIS 19645, 9/27/27, 2011]: First-degree murder conviction reversed where the court failed to conduct a Strickland inquiry based on defendant’s claim that the trial court’s felony murder instruction was erroneous.
Napue: Perjured Inmate Testimony Knowingly Presented. Sivak v. Hardison (9/7/2011, 9th Cir. No. 08-99006) 658 F3d 898: Death sentence reversed where the State violated petitioner’s Napue v. Illinois due process rights by knowingly presenting perjured inmate testimony during the penalty-phase hearing.
Erroneous Admission Of Defendant’s “Law Enforcement Contacts.” U.S. v. Santini (9/8/2011, 9th Cir. No. 10-50391): Judgment of the district court convicting defendant of importing marijuana, 21 USC 952 and 960, and of possession of marijuana with intent to distribute, 21 USC 841(a)(1), vacated where district court abused discretion by allowing the government to introduce evidence of defendant’s prior “law enforcement contacts.”
Improper Retroactive Application Of SORNA. U.S. v. Clements (8/22/2011, 9th Cir. No. 09-10034) 2011 U.S. App. LEXIS 17458: SORNA’s registration requirements did not become effective until thirty days after the Attorney General published guidelines that accorded with the Administrative Procedure Act’s (APA) requirements and announced SORNA’s retroactive applicability, thus the Attorney General’s interim regulation in the case did not comply with the APA.
Supplemental Closing Argument To Deadlocked Jury. U.S. v. Evanston (7/5/2011, 9th Cir. No. 10-10159) 2011 U.S. App. LEXIS 13647: Permitting supplemental arguments on factual issues to a deadlocked jury following an Allen charge was an abuse of the discretion.
Judge Bias. Hurles v. Schriro (7/7/2011, 9th Cir. No. 08-99032) 2011 U.S. App. LEXIS 13819: Judge improperly presided over trial due to personal involvement in a related interlocutory appeal.
Faretta Compentency. U.S. v. Duncan (7/11/2011, 9th Cir. No. 08-99031) 643 F3d 1242: Error to not hold a competency hearing prior to allowing defendant to exercise his right to represent himself during his penalty phase hearing.
Assassination Threats. U.S. v. Bagdasarian (7/19/2011, 9th Cir. No. 09-50529) 2011 U.S. App. LEXIS 14684: Prosecution failed to present sufficient evidence to establish beyond a reasonable doubt that defendant had the subjective intent to threaten a presidential candidate.
Failure To Investigate And Present Mitigating Evidence. Greenway v. Schriro (7/28/2011, 9th Cir. No. 07-99021) 2011 U.S. App. LEXIS 15529: District court’s finding of a procedural bar to the ineffective assistance of counsel claim is reversed.
Deportation After Illegal Entry: Burglary As Predicate Offense. Reina-Rodriguez v. U.S. (6/22/2011, No. 08-16676) 2011 U.S. App. LEXIS 12600: Enhanced sentencing of defendant for illegal re-entry after deportation, in violation of 8 USC 1326 reversed under retroactive application of United States v. Grisel (9th Cir. 2007) 488 F3d 844, holding that burglary conviction does not qualify categorically as a predicate offense.
Crawford: Police Testimony As To Absent Witness’s Out Of Court Inculpatory Statement. Ocampo v. Vail (6/9/2011, 9th Cir. No. 08-35586) 2011 U.S. App. LEXIS 11588: The Confrontation Clause is violated when police testify to the substance of inculpatory out-of-court statements.
Immigration/Illegal Entry (8 USC 1325(a)(1). U.S. v. Li (5/2/2011, 9th Cir. No. 10-10079) 2011 U.S. App. LEXIS 8913: 8 USC 1325(a)(1) not violated by boat travel from the Commonwealth Northern Mariana Islands to Guam.
Self Incrimination/Confession By Minor. Doody v. Ryan (5/4/2011,th Cir. No. 06-17161) 2011 U.S. App. LEXIS 9102: Admissions coerced by improper Miranda advisements and nearly thirteen hours of relentless overnight questioning of a sleep-deprived defendant by a tag team of officers.
Restraining Order. U.S. v. Sanchez (5/5/2011, 9th Cir. No. 10-10229) 2011 U.S. App. LEXIS 9185: No-contact order insufficient for possession of firearm liability under 18 USC 922(g)(8).
Discharge Of Hold-Out Juror. Williams v. Cavazos (5/23/2011, 9th Cir. No. 07-56127) 2011 U.S. App. LEXIS 10345: Trial court’s intrusion into jury deliberations and the subsequent dismissal of a hold out juror violated petitioner’s Sixth Amendment rights.
Apprendi. Wilson v. Knowles (4/1/2011, 9th Cir. No. 07-17318) 638 F3d 1213: Sentencing based on non-jury prior violated Apprendi V. New Jersey (2000) 530 US 466.
Brady Reversal. U.S. v. Kohring (3/11/2011, 9th Cir. No. 08-30170) 2011 U.S. App. LEXIS 4763: Public corruption convictions overturned due to prosecution’s failure to disclose favorable evidence to defendant.
Strike Prior Not On Serious List: Apprendi Violated When Judge Finds Additional Facts. Wilson v. Knowles (2/8/2011, 9th Cir. No. 07-17318) 631 F3d 1295: California courts have been permitted to examine the “face of the record” to determine whether a prior conviction not obviously included on the serious felony list (PC 1192.7(c)) nevertheless qualifies as a strike prior. However, Apprendi v. New Jersey (2000) 530 US 466 held that, except for the fact of a prior conviction, facts that increase a defendant’s sentence beyond the statutory maximum must be proved to a jury beyond a reasonable doubt. The trial court’s finding that the 1993 incident constituted “strikes” because of personal infliction of great bodily injury did not fall within the prior conviction exception to defendant’s right to a jury trial. The error was not harmless because no court could look at disputed facts of a seventeen-year-old incident and conclude beyond a reasonable doubt that Wilson would have been convicted of personally inflicting great bodily injury.
Child Pornography: Jurisdiction And Intent Elements. U.S. v. Flyer (2/8/2011, 9th Cir. No. 08-10580) 2011 U.S. App. LEXIS 2362: Attempted transportation, shipping and possession of child pornography (18 USC 2252) conviction is reversed part where the evidence was insufficient to establish the required jurisdictional and intent elements.
Asking Wife To Exercise Her Marital Privilege Is Not Witness Tampering. U.S. v. Doss (1/14/2011, 9th Cir. No. 07-50334) 630 F3d 1181: Defendant appealed to his wife to exercise her marital privilege not to testify against him.
10th Circuit Court of Appeals
Child Pornography: Failure To Prove Element Of Control. U.S. v. Dobbs (1/5/2011, 10th Cir. No. 09-5025) 629 F3d 1199: Conviction for knowingly receiving and attempting to receive child pornography was vacated due to insufficient evidence that defendant saw the pictures at issue and had the ability to exercise control over them.
New York Court of Appeals
Prosecutorial Delay. People v. Dickinson (12/15/2011, NY No. 235) 18 NY3d 835: Indictment dismissed where the prosecution was not ready for trial within six months.
Jury Selection: Failure To Excuse Juror For Cause. People v. Furey (12/16/2011, NY No. 234) 18 NY3d 284: Judge committed reversible error by denying defendant’s cause challenge to a prospective juror who had personal and professional relationships with several of the witnesses expected to testify at the trial.
“Serious Physical Injury.” People v. Stewart (12/15/2011, NY No. 233) 18 NY3d 831: Superficial injuries do not constitute the serious physical injury required for first degree assault.
Larceny: Swipe Of Unlimited MetroCard. People v. Hightower (12/13/2011, NY No. 223) 18 NY3d 249: Defendant’s conviction for petit larceny was overturned because swiping of an unlimited MetroCard in return for a fee did not qualify as larceny.
Robbery: Failure To Define Larcenous Intent. People v. Medina (11/17/2011, NY No. 186) 2011 N.Y. LEXIS 3253: Trial court erred in failing to charge the jury with the statutory definition of “appropriate” and/or “deprive,” which forms part of the definition of larcenous intent.
Suggestive Identification Procedure. People v. Delamota (11/17/2011, NY No. 188) 2011 N.Y. LEXIS 3250: Unduly suggestive pretrial identification procedure entitled defendant to a new trial.
Stun Gun Not Proved To Be A “Dangerous Weapon.” People v. Hall (11/21/2011, NY No. 197) 2011 N.Y. LEXIS 3282: Prosecution failed to prove that a stun gun is a “dangerous instrument” as defined in the Penal Law.
Erroneous Shackling Of Defendant Was Prejudicial. People v. Cruz (11/22/2011, NY No. 210) 2011 N.Y. LEXIS 3322: Shackling defendant during trial was reversible error. The evidence against the defendant was not strong enough to overcome the prejudicial impact of the constitutional violation.
Exclusion Of Eyewitness Expert Was Reversible Error. People v. Santiago (10/20/2011, No. 166) 2011 N.Y. LEXIS 3128: Assault conviction overturned where the denial of defendant’s motion to admit expert testimony by the trial court was an abuse of discretion. Identification was not sufficiently corroborated.
First-Degree Robbery: Insufficient Evidence. People v. Grant (10/20/2011, No. 167) 2011 N.Y. LEXIS 3129: Written statement by the defendant threatening that he had a gun and that he would shoot, without further action, was legally insufficient to support a charge of first-degree robbery.
Exculpatory Evidence: Erroneous Exclusion As Hearsay. People v. Becoats (10/20/2011, No. 175) 2011 N.Y. LEXIS 3132: Reversible error to exclude exculpatory evidence as hearsay.
Reckless Endangerment. People v. Lewie (6/9/2011, No. 113) 2011 N.Y. LEXIS 1393: Evidence insufficient to support conviction for reckless endangerment.
Duty Of Judge To Inquire Into Potential Juror Bias. People v. Johnson (6/9/2011, No. 106) 2011 N.Y. LEXIS 1390: Judge erroneously failed to elicit unequivocal assurance of a potential juror’s ability to remain impartial after the juror herself questioned her partiality.
Voir Dire: Time Limit. People v. Steward (6/7/2011, No. 108) 2011 N.Y. LEXIS 1382: Trial court abused its discretion by imposing a five-minute limitation on counsel for the questioning of jurors during each round of voir dire.
Sexual Abuse: Evidence Of Victim’s Bad Reputation For Truth And Veracity. People v. Fernandez (6/2/2011, No. 100) 2011 N.Y. LEXIS 1341: Trial court’s judgment precluding testimony that complainant had a bad reputation for truth and veracity on foundational grounds was an abuse of discretion.
Motor Vehicle Licensing. People v. Rivera (5/3/2011, NY No. 71) 2011 N.Y. LEXIS 658: Violation of conditional license terms does not warrant punishment for the crime of driving while his license is revoked.
Public Trial. People v. Martin (5/10/2011, NY No. 15) 2011 N.Y. LEXIS 753: Removal of defendant’s father from courtroom without considering alternatives violated defendant’s right to public trial.
Leaving Unsecured Facility Was Not An “Escape.” In the Matter of Dylan C. (4/05/2011, No. 57) 2011 N.Y. LEXIS 560: Leaving a non-secure facility did not fall within the proscription of the felony escape statute.
Questioning Witness Regarding Religious Views. In the Matter of State of New York v. Andrew O. (4/5/2011, No. 34) 16 N.Y.3d 841: Judgment reversed where the examination of the religious views of a testifying psychiatrist constituted an improper attack on credibility, and the court failed to give a prompt and clear corrective instruction.
Withdrawal Of Guilty Plea. People v. Cornell (3/24/2011, NY, No. 119 SSM 61) 2011 N.Y. LEXIS 434: Judgment based on guilty plea reversed because record was unclear that at the time defendant entered his plea, he was aware that the terms of his sentence included a period of postrelease supervision. See also People v. Hill (3/29/2011, NY, No. 42) 2011 N.Y. LEXIS 473 [same].