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New York Court of Appeals Overturns Murder Conviction, Finds Prosecutor Withheld Critical Video Evidence in Violation of Brady Obligations
Loaded on Dec. 18, 2019
by Dale Chappell
published in Criminal Legal News
January, 2020, page 40
Filed under:
Prosecutor/Attorney General Misconduct.
Location:
New York.
by Dale Chappell
The New York Court of Appeals overturned a murder conviction on postconviction review, finding that the State’s failure to provide surveillance video of the crime coupled with telling the jury that no video of the crime exists during closing argument undermine confidence in the verdict, and thus, ...
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More from this issue:
- News in Brief
- National Fingerprint Database Frees Man After 36 Years, by Jayson Hawkins
- Seventh Circuit Holds Indiana Pointing a Firearm and Intimidation Convictions No Longer Qualify Under ACCA After Johnson, by Pat O'Connell
- Asset Forfeiture Not So Helpful to Crime-Fighting, by Edward Lyon
- New York Court of Appeals Overturns Murder Conviction, Finds Prosecutor Withheld Critical Video Evidence in Violation of Brady Obligations, by Dale Chappell
- Tennessee Supreme Court Reverses Conviction Because Trial Court Refused to Give ‘Necessity’ Jury Instruction Because Defendant Never Testified About Mental State, by Douglas Ankney
- Sixth Circuit Reverses District Court’s Denial of Safety-Valve Relief, by Douglas Ankney
- Georgia Supreme Court Announces Fundamental Overhaul of Jurisprudence Governing Appeals of Guilty Pleas and Out-of-Time Appeals, by Douglas Ankney
- California Court of Appeal: Equal Protection Requires Pretrial Detainees on Home Confinement Be Eligible for Good Conduct Credits, by Douglas Ankney
- U.S. Supreme Court ‘Death Caucus’ Setting Death Penalty Litigation Tone, by Kevin Bliss
- Georgia Supreme Court: Warrantless Search of Vehicle’s Airbag Control Module is Unconstitutional, by Douglas Ankney
- Seventh Circuit Vacates Sentence Because Sentencing Judge Should Have Recused Himself Due to Ex Parte Communications with U.S. Attorney’s Office, by Douglas Ankney
- Santa Didn’t Create Naughty Cops List, But It’s Worth Checking Twice, by Douglas Ankney
- Nevada Supreme Court: Trial Court Must Give Manslaughter Instruction Even When Evidence Is Circumstantial, by Douglas Ankney
- Seventh Circuit Reaffirms Sex Trafficking and Kidnapping Are not Violent Felonies for 924(c) After Davis, by Dale Chappell
- Supreme Court of Hawai’i Rules Presenting Falsified Polygraph Results Is Coercive Per Se, by Douglas Ankney
- Sixth Circuit Holds Career Offender Status Does not Bar Retroactive FSA Relief Under First Step Act, by Dale Chappell
- Using Algorithms to Erase Pot Convictions in California, by Douglas Ankney
- Colorado Supreme Court Announces Clarifications and Modifications to Proportionality Review Standard as Applied to Habitual-Offender Sentences, by Douglas Ankney
- Costly Electronic Monitoring Programs Replacing Ineffective Jail Bond Systems, by Kevin Bliss
- NJ Supreme Court: Confession not Voluntary Where Police Tell Suspect Truth Would Set Him Free, Promise Him Counseling Instead of Jail, and Minimize Seriousness of Offenses, by Douglas Ankney
- Eleventh Circuit: Conspiracy to Commit Hobbs Act Robbery not a Crime of Violence Under 18 U.S.C. § 924(c), by Douglas Ankney
- Third Circuit Grants Habeas Relief in Loss of GBMI Plea in Pennsylvania Court Due to IAC, Announces New Rule, by Dale Chappell
- Washington Supreme Court: Failure to Pay Fines Don’t Increase Sentencing Score, by Anthony Accurso
- Harmless Error: Explained, by Gabe Newland
- On Remand from Supreme Court, Eleventh Circuit Holds in Specific Circumstances an Ake Violation Constitutes Structural Error, by Douglas Ankney
- Refusing to Permit Attorney to Make Offer of Proof Is Abuse of Discretion, Says Indiana Supreme Court, by Douglas Ankney
- Police Use of Rapid DNA Machines Unregulated, by Jayson Hawkins
- Tenth Circuit Holds Davis Retroactive, Retaliation Against a Witness Not Crime of Violence Under § 924(c), by Dale Chappell
- Perils of Risk Assessment Tools in Criminal Justice, by Jayson Hawkins
- If It Saves More Than One Child, by Sandy Rozek
- U.S. District Court Holds Hobbs Act Robbery not Crime of Violence for § 924(c), Grants § 2255 Motion, by Dale Chappell
- From the Editors
- Fourth Circuit: Ineffective Assistance of Counsel in Death Penalty Case for Failure to Investigate Fetal Alcohol Syndrome as Mitigating Factor During Sentencing Phase, by Chad Marks
- Hawai’i Supreme Court Announces New Rule Requiring Both Judges and Juries to Consider Numerous Factors in Witness ID Cases, by Dale Chappell
- Insurance Companies Are Paying Cops To Investigate Their Own Customers, by Kendall Taggart
More from Dale Chappell:
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- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
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- Reform-Minded Prosecutors Face Backlash for Prosecuting Bad Cops, June 15, 2024. Police Misconduct, Government Misconduct, Prosecutor/Attorney General Misconduct, Prosecutors, Police/Govt Misconduct, Criticism of Government.
- What Happens When Prosecutors Offer Opposing Versions of the Truth?, April 15, 2024. Prosecutor/Attorney General Misconduct, Commentary/Reviews, Prosecutorial Misconduct, Outrageous Government Misconduct, Evidence - Destruction/Fabrication/Manipulation of.
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- Former AZ Assistant AG Disciplined for Misconduct in Muslim Prisoner’s Lawsuit, Jan. 1, 2022. Prosecutor/Attorney General Misconduct, Religious Discrimination, Religious Diet.
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