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New York Court of Appeals: Forensic Findings Establishing Possible Alternative Cause of Injuries in Sex-Crime Prosecution Admissible Under ‘Interest of Justice’ Exception to Rape Shield Law
Loaded on Feb. 15, 2024
by David Reutter
published in Criminal Legal News
February, 2024, page 22
Filed under:
Rape Shield Rule.
Location:
New York.
by David M. Reutter
The New York Court of Appeals held a trial court erroneously applied New York’s Rape Shield Law to exclude forensic evidence proffered by the defendant to demonstrate that someone else caused the complainant’s injuries.
Sergio Cerda, who was 60 at the relevant time, was charged with ...
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More from this issue:
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- Minnesota Supreme Court Announces Odor of Marijuana Alone Emanating From Vehicle Insufficient for Probable Cause to Search Under Automobile Exception, by Anthony Accurso
- Michigan Supreme Court: Defendant’s Statements Involuntary and Inadmissible, by Douglas Ankney
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- Missouri Supreme Court Orders Dismissal of Pending Charges Where Trial Court Failed to Bring Prisoner to Trial Within 180-Day Limitations Period Provided for in ‘Interstate Agreement on Detainers’, by Douglas Ankney
- Third Circuit: Defendant Not on Rental Agreement Had Reasonable Expectation of Privacy in Car Because He Had Dominion and Control of Car Where Renter Gave Keys to Him, He Was in Possession of Them Upon Arrest, and Car Parked Nearby, by Anthony Accurso
- NYPD Has Spent Millions of Dollars on Social Media Analysis Tools, by Jo Ellen Nott
- New York Court of Appeals: Forensic Findings Establishing Possible Alternative Cause of Injuries in Sex-Crime Prosecution Admissible Under ‘Interest of Justice’ Exception to Rape Shield Law, by David Reutter
- The Diminishment of Miranda Is Leading to False Confessions and Conviction of Innocents, by David Reutter
- FBI Works to Expand Court Authority for Its Offensive Cyber Operations, by Anthony Accurso
- Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated, by Anthony Accurso
- Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed, by Douglas Ankney
- Study Raises Alarms About Inaccuracies and Bias in Gun Forensics Reporting, by Jo Ellen Nott
- Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing, by Douglas Ankney
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More from David Reutter:
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- Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises, April 15, 2025
- Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, April 1, 2025
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
More from these topics:
- LaJoie v. Thompson, No. 98-35919 (9th Cir.) (217 F.3d 663) (June 23, 2000) (Judge A. Wallace Tashima), Aug. 1, 2000. Punch And Jurists, Rape Shield Rule.
- Michigan v. Lucas, No. 90-149 (U.S. Supreme Court) (500 U.S. 145; 111 S.Ct. 1743) (May 20, 1991) (Justice O'Connor), June 23, 2000. Punch And Jurists, Rape Shield Rule.
- LaJoie v. Thompson, No. 98-35919 (9th Cir.) (201 F.3d 1166) (January 31, 2000) (Judge A. Wallace Tashima), March 1, 2000. Punch And Jurists, Rape Shield Rule.
- U.S. v. Richards, No. 96-3796 (8th Cir.) (118 F.3d 622) (July 21, 1997) (Judge Morris Sheppard Arnold), Aug. 1, 1997. Punch And Jurists, Rape Shield Rule.