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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, …
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More from this issue:
- Geofence Warrants: The Mass Location Surveillance and Privacy Threat Created by Google May Be Eliminated by Its Creator, by Anthony Accurso
- 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
- Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated, by Anthony Accurso
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- 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
- The Problem with Some Non-Carceral Punishments, by Carlo Difundo
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- News in Brief
More from David Reutter:
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026
- Nevada Prisoners, Families Call Out Predatory Tablet Program, Sept. 1, 2026
- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026
- Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026
- Michigan Appeals Court: Witnesses Cannot be Forced to Wear Jail Clothes at Trial, Aug. 1, 2026
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
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.
