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New York Court of Appeals Reverses Murder Conviction Where Trial Court’s Evidentiary Rulings Deprived Defendant of ‘Opportunity to Present Complete Defense’
by Douglas Ankney
The Court of Appeals of New York reversed Deshawn Deverow’s murder conviction after concluding the trial court’s evidentiary rulings deprived him of “a meaningful opportunity to present a complete defense.”
At 12:30 a.m. on December 29, 2012, a woman identified as B.M. called 911 to report that ...
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More from this issue:
- False Confession Generator: How Accusatorial Interrogations Undermine the Pursuit of Justice, by Anthony Accurso
- Arizona Supreme Court Announces Jury Unanimity Required Regarding Narcotic Type Under Possession Statute, by Anthony Accurso
- Against the Flow: How the National Registry of Exonerations Is Working to Turn the Tide of Wrongful Convictions Across U.S., by Benjamin Tschirhart
- Ninth Circuit Announces District Courts May Consider First Step Act’s Non-Retroactive Changes to Sentencing Law When Deciding Motion for Compassionate Release, by Douglas Ankney
- Across the Nation, Cops Use ‘Fog Reveal’ to Track More Than 250 Million Mobile Devices, by Douglas Ankney
- First Circuit Reverses Denial of Habeas Relief Where District Court Found Batson Error but Observed AEDPA, Deferred to State Court’s Finding that No Batson Error Occurred, by Douglas Ankney
- Federal Habeas Corpus: How to Raise an Actual Innocence Claim, by Dale Chappell
- Second Circuit Announces District Courts Must Provide Habeas Petitioners with Notice and Opportunity To Be Heard Before Dismissing Petition Sua Sponte Based on Stone’s Limitation on Fourth Amendment Claims, by Douglas Ankney
- Massachusetts Supreme Judicial Court: Criminal Record Alone Does Not Justify Patfrisk, Gun Discovered in Waistband Suppressed, by Jacob Barrett
- Third Circuit: Defendant Entitled to Reasonable Opportunity to File Sentencing Memo Before Resentencing Under First Step Act, by David Reutter
- Fifth Circuit Denies Absolute Immunity for Prosecutor Who Fabricated Evidence in Murder Conviction and Death Sentence, by Douglas Ankney
- Prosecutors in These States Can Review Sentences They Deem Extreme. Few Do., by Matt Nadel, Charlie Lee
- Fourth Circuit Announces Substantive Reasonableness Review Applies to All Proceedings Under § 404 of First Step Act, Regardless of Whether Motion Is Granted or Denied, by Douglas Ankney
- Sixth Circuit Announces Criminal Forfeiture Under Fed. R. Crim. P. 32.2(b) Is Mandatory Claims-Processing Rule, Reverses $62.5 Million Money Judgments, by Douglas Ankney
- Colorado Supreme Court: Police Officer’s ‘Hunches’ Cannot Establish Probable Cause, Determination Requires Consideration of Facts Weighing in Favor and Against Probable Cause, by Anthony Accurso
- Kentucky Supreme Court Announces Obtaining Real-Time CSLI Data Constitutes a Search Under Fourth Amendment, Addressing Legal Question U.S. Supreme Court Explicitly Left Open in Carpenter, by Anthony Accurso
- New York Court of Appeals Reverses Murder Conviction Where Trial Court’s Evidentiary Rulings Deprived Defendant of ‘Opportunity to Present Complete Defense’, by Douglas Ankney
- Miami Police Officer Who Broke ‘Blue Code of Silence’ Being Investigated, by Casey Bastian
- Eighth Circuit: District Court Erred in Denying Government’s Motion to Dismiss Charges as Part of Plea Agreement, by David Reutter
- NIST’s Upgrade to Software Reference Library Makes Data More Accessible to Law Enforcement, by Douglas Ankney
- For $10 Billion, New Yorkers Get a Police Package Deal That Includes Corrupt Career Officers and Almost 1,000 Criminal Cases Tossed, by Douglas Ankney
- Indiana Supreme Court Announces Trial Rule 26(B)(3) Governs Whether Police Reports Are Protected Work Product, Expressly Overruling Keaton, by Douglas Ankney
- Variability in Records Requests Obscures Police Use of Surveillance, by Anthony Accurso
- U.S. Senator to Federal Agency: Investigate Abusive Use of Administrative Subpoena Power to Gather Bulk Financial Records, by Casey Bastian
- Fog Data Science, Your Hometown Data Broker, by Anthony Accurso
- News in Brief
- Due Processless Civil Asset Forfeitures in Houston, Texas, by Edward Lyon
More from Douglas Ankney:
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
- Monterey County Pays $1 Million to Settle Suit Over Detainee Suicide by Toilet Tissue; Wellpath Pays Another Undisclosed Sum, Feb. 15, 2025
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025
- Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, Feb. 1, 2025
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025
- Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, Jan. 15, 2025
More from these topics:
- Federal Facial Recognition Technology Fails Again, Feb. 1, 2025. Computer Searches, Evidentiary Ruling, Forensic Sciences.
- Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant, Oct. 1, 2024. Defenses, Jury Instructions, Motive/Opportunity/Intent/Identity Evidence.
- Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief, Aug. 1, 2024. Evidentiary Ruling, Habeas Corpus, Ineffective Assistance of Counsel, Counsel - Effective Assistance of.
- Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement, Jan. 1, 2024. Failure to Protect (General), Fire Hazards, Administrative Exhaustion (PLRA), Summary Judgment, Evidentiary Ruling, Administrative Exhaustion.
- Tenth Circuit Announces District Court Erred in Applying Attempted Murder Cross-Reference Under U.S.S.G. § 2A2.1 Based on Malice Aforethought, Without Finding Intent to Kill, Nov. 1, 2023. Murder/Felony Murder, Unreasonable Application of Clearly Established Federal Law, Motive/Opportunity/Intent/Identity Evidence.
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023. Evidentiary Ruling, Habeas Corpus, Hearings.
- Eleventh Circuit Says Florida Prisoner Alleging Sexual Assault by Guard Need Not Also Prove Excessive Force and Malicious Intent, June 1, 2022. Staff-Prisoner Assault, Guard Brutality/Beatings, Motive/Opportunity/Intent/Identity Evidence.
- Mens Rea: Criminal Liability Should Equal Criminal Intent, Feb. 15, 2021. Mens Rea Element, Motive/Opportunity/Intent/Identity Evidence.
- Hawai’i Supreme Court Announces Police Officers May Not Testify That Driver Appeared Intoxicated, Overruling Toyomura, Aug. 15, 2020. Evidentiary Ruling, Opinions and Expert Testimony.
- Colorado Supreme Court: Requiring Defense to Disclose Exhibits to Prosecution Before Trial Violates Due Process Rights, June 15, 2020. Evidentiary Ruling, Denial of Due Process.
