Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas held that the complete and wrongful denial of criminal defendant John …

New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense by Richard Resch by Richard Resch The Court of Appeals of New York reversed Harvey Weinstein’s convictions for …

Connecticut Supreme Court Announces Trial Courts, Prospectively, Must Canvass Defendants Who Seek to Waive Right to Testify to Ensure Waiver Is Made Knowingly, Intelligently, and Voluntarily by Anthony Accurso by Anthony W. Accurso In an opinion issued on May 10, 2022, the Supreme Court of Connecticut ruled that defense counsel’s …

North Carolina Supreme Court Announces Pretrial Notice of Duress Defense Does Not Forfeit Fifth Amendment Right to Silence, Reaffirms Rule Against Preemptive Impeachment by Anthony Accurso by Anthony W. Accurso The Supreme Court of North Carolina held that defendants filing a pretrial notice of intent to rely upon the affirmative …