×
You've used up your 3 free articles for this month. Subscribe today.
New York Court of Appeals Reverses Conviction Because Testifying Criminalist Not Shown to Have Requisite Involvement in DNA Testing Process and Provides Guidance to Avoid Future Sixth Amendment Confrontation Clause Violations
by Anthony W. Accurso
The Court of Appeals of New York reversed a case where the People failed to present evidence that the criminalist, who testified as to DNA analysis, had sufficient involvement in the final crucial step of the DNA testing process in which the DNA profile is generated ...
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Understanding Fusion Centers, by Michael Thompson
- Unconscious Bias: Facial Features Can Influence Life-or-Death Decisions in Verdicts, by Jo Ellen Nott
- LexisNexis Aids Customs and Border Patrol to Flaunt Fourth Amendment, by Anthony Accurso
- Lung Float Test: Junk Science Used to Convict Women of Murder, by David Reutter
- Watchlisted: You’re Probably Already on a Government Extremism List, by Nisha Whitehead, John W. Whitehead
- Studying Ant Bites on Cadavers May Advance Criminal Investigations, by Douglas Ankney
- Illinois Supreme Court Announces § 9-1.2(d) Sets Range of Sentences for Intentional Homicide of Unborn Child but Does Not Convert Offense Into Murder for Life-Sentence Enhancement, by Douglas Ankney
- Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel, by Douglas Ankney
- Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term, by Matthew Clarke
- Pennsylvania Supreme Court: Failure to Disclosure Mental Health Report Showing Key Witness Was a Sociopath Constitutes Brady Violation That Prejudiced Defendant, by Anthony Accurso
- Audit Finds LAPD’s Frivolous Use of Helicopters Flunks Cost/Benefit Analysis, by Douglas Ankney
- The Supreme Court’s Forensic Follies, by Michael Thompson
- Texas Court of Criminal Appeals Announces Correct Computation of Time for Purposes of Determining When Statute of Limitations Has Run for Returning Indictment, by Douglas Ankney
- Research Paper Reveals Laypeople Have Insufficient Understanding of False Confessions by Examining Prior Research Based on Surveys and Mock Juries, by David Reutter
- Preliminary Analysis of Recidivism Data After Three Years Under First Step Act Is Promising but Inconclusive, by Jo Ellen Nott
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Hearing to Determine Facts Surrounding Felony Murder Charges for Possible Resentencing Under § 1172.6, by David Reutter
- Interactive Lineups Are a Promising New Tool to Improve Accuracy of Suspect Identification by Eyewitnesses, by Jo Ellen Nott
- New York Court of Appeals Reverses Conviction Because Testifying Criminalist Not Shown to Have Requisite Involvement in DNA Testing Process and Provides Guidance to Avoid Future Sixth Amendment Confrontation Clause Violations, by Anthony Accurso
- Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made, by Richard Resch
- First Circuit: Miranda Waiver Not Valid Where Interrogating Officer Answered ‘No’ to Defendant’s Question — ‘None of this can be used against me, can it?’, by Douglas Ankney
- The Potential for Soil Dust Analysis in Forensics, by Anthony Accurso
- Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period, by David Reutter
- California Court of Appeal Reverses Denial of Full Resentencing Under SB 483, by Matthew Clarke
- ‘How The Government Created a Terrorist’: FBI-Manufactured Crimes Reveal Urgent Need for Reforms, by Douglas Ankney
- Improvements to Decertification Procedure for Law Enforcement Officers Guilty of Excessive Force Urgently Needed, by Douglas Ankney
- Minnesota Supreme Court Holds Prosecutor’s Repeated Statements During Closing Arguments That Defendant ‘No Longer Has Presumption of Innocence’ Constitutes Plain Error, Requiring a New Trial, by David Reutter
- New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation, by Richard Resch
- Foundations of Firearms Audio Forensics Built by Dr. Robert Maher Will Continue to Be Important Forensic Tool as More Recording Devices Are Present at Crime Scenes, by Jo Ellen Nott
- Amazon Ring Curbs Police Access to Doorbell Camera Footage—But Privacy Concerns Remain, by Jo Ellen Nott
- FBI Searches of NSA Data Extended Until April, Despite Admission of Unconstitutionality, by Anthony Accurso
- Suspicion of Government Surveillance Increasing, by Anthony Accurso
- Cops’ Sky-High Hopes, by Michael Thompson
- DEA and Police Use Pretense of Consent Searches to Effectively Steal Cash From Airport Travelers, by Anthony Accurso
- A Legal Argument Against Government Purchase of Location Data, by Anthony Accurso
- North Carolina Supreme Court: Outstanding Warrant for Driver Who Fled Accident Scene Does Not Authorize Inventory Search of Disabled Vehicle, by Anthony Accurso
- News in Brief
- Cops Just Love Secret Metadata Collection, by Michael Thompson
More from Anthony Accurso:
- Sixth Circuit Holds Dismissal Not Automatic When Plaintiff Simultaneously Files Same Claims in State Court, Aug. 1, 2025
- Delaware’s ACLU Files Action on Behalf Of Six Prisoners Assaulted During Midnight Raid, Aug. 1, 2025
- DOJ Inspects BOP Food Service Operations, Finds Troubling Issues at Multiple Facilities, Aug. 1, 2025
- Guaranteed Basic Income Programs for Prisoners Reduce Food Insecurity and Homelessness, Aug. 1, 2025
- Ninth Circuit: ‘Dominion and Control’ Provision of Search Warrant for Suspect’s Computer That Lacked Temporal or Other Limitation Constitutes General Warrant, Aug. 1, 2025
- Nearly $60,000 Awarded to Mother Of Dead Missouri Prisoner In Suit For His DOC Records, July 15, 2025
- $42,000 Paid to Wisconsin Prisoner Allowed to Harm Himself While Under Observation, July 15, 2025
- Ongoing Detainee Deaths Push Rikers Island into Federal Court Receivership, July 15, 2025
- The Dangerous Practice of Late-Night Jail Releases, July 15, 2025
- Percentage Of Prisoners Serving Life Without Parole Is Up Despite Overall Decrease in Prison Population, July 15, 2025
More from these topics:
- Probabilistic Genotyping on Trial: Can We Trust the Secret Algorithms Deciding Guilt?, Aug. 1, 2025. DNA Testing/Samples, Crime Labs, Blood Samples/Tests, Scientific Testimony or Evidence.
- Los Angeles Criminal Legal System Undermined by Months of Faulty DNA Testing, May 15, 2025. DNA Testing/Samples, Sufficiency of Evidence, Evidence - Integrity/Reliability of, Evidence - Admissibility.
- A Black Box, a Guilty Plea, and an Uncertain Truth, April 15, 2025. DNA Testing/Samples, Computer Searches, Forensic Sciences, Plea Agreements/Guilty Pleas.
- ‘Jack the Ripper’ Meets DNA Analysis, March 15, 2025. DNA Testing/Samples.
- Can Comics Help Juries Understand Complex DNA Evidence?, March 15, 2025. DNA Testing/Samples.
- Faster Justice: Rapid DNA Set to Expand Law Enforcement Reach, March 15, 2025. DNA Testing/Samples, Crime Labs, Forensic Sciences.
- Study: DNA Transfer in Social Settings, Feb. 15, 2025. DNA Testing/Samples, Forensic Sciences, DNA Evidence, DNA Evidence/Testing.
- Study Reveals Best DNA Recovery Spots on Drug Baggies, Feb. 15, 2025. DNA Testing/Samples, War on Drugs, DNA Evidence/Testing.
- Ninth Circuit Announces ‘Clear Error’ Review Applies to District Courts’ Factual Findings for Brady Challenges and Affirms District Court’s Mid-Trial Order Excluding Witness Testimony and Imposing Monetary Sanctions for Government’s Brady Violation, Feb. 1, 2025. Sanctions, Eyewitness Testimony, Brady Rule violations, Witnesses - Prior Statements/Testimony, Factual Disputes/Findings, Legal or Factual Challenges - assertion of.
- Colorado Bureau of Investigation Admits Over 1,000 Cases Affected by DNA Test Misconduct, Feb. 1, 2025. Judicial Misconduct, DNA Testing/Samples, junk science, Forensic Sciences.