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New York Court of Appeals: Admission of Prior Bad Acts Evidence to Prove Propensity to Commit Crime Harmful Error
Loaded on April 15, 2024
by David Reutter
published in Criminal Legal News
April, 2024, page 45
Filed under:
Character/Reputation/Propensity,
Bad Acts Evidence,
Rule 404(b),
Relevance in a Propensity Free Way.
Location:
New York.
by David M. Reutter
The Court of Appeals of New York held a trial court erred in admitting evidence of prior bad acts evidence. It further concluded the error was not harmless and reversed, ordering a new trial.
Sebastian Telfair was arrested in June 2017 after a traffic stop, during ...
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More from this issue:
- Massachusetts State Police Facing Possible Class Action Lawsuit for Illegal Recordings
- Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment?, by David Reutter
- Cellebrite Asks Law Enforcement Clients to Keep Its Phone Hacking Tech Secret, by Jo Ellen Nott
- California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment, by Anthony Accurso
- Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, by Matthew Clarke
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- Pharmacies Are Giving Your Prescription Data to Police Without a Warrant, by Anthony Accurso
- What Happens When Prosecutors Offer Opposing Versions of the Truth?, by Ken Armstrong
- New York Court of Appeals Declines to Adopt Per Se Rule That Handcuffed Person Is Always ‘In Custody’ for Miranda Purposes, but Holds the Handcuffed Defendant Was ‘In Custody’ and Suppress Incriminating Statements, by Douglas Ankney
- Research Shows It Makes Sense to Hire Individuals with Criminal Records, by Jo Ellen Nott
- Fifth Circuit: Admission of DHS Investigation Form G-166F at Trial Where Preparer of Form Did Not Testify Violates Confrontation Clause and Rule Against Hearsay, by Douglas Ankney
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- Does the Fourth Amendment Protect Cellphones at the Border?, by Douglas Ankney
- New York Governor Signs Law Sealing Millions of Criminal Records From Public View, by Douglas Ankney
- Massachusetts Supreme Judicial Court Announces Constructive Denial of Right to Counsel Where Defense Counsel Sleeps for Significant Portion or During Important Aspect of Trial, by David Reutter
- California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data, by Anthony Accurso
- Utah Supreme Court Announces Communication of Cellphone Passcode Protected by Fifth Amendment and Rules Advising Jury of Defendant’s Refusal to Disclose Passcode Violates Privilege Against Compelled Self-Incrimination, by Anthony Accurso
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- Vermont Supreme Court Announces Prejudice Determination for IAC Claim Based on Rejected Plea Offer Limited to Evidence Available at Time Plea Considered—Not Any Subsequent Evidence, by David Reutter
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- ‘Trail ’Em, Nail ’Em, and Jail ’Em’: Issues Private Probation and Parole, by Jo Ellen Nott
- New York Court of Appeals: Admission of Prior Bad Acts Evidence to Prove Propensity to Commit Crime Harmful Error, by David Reutter
- Potential Dangers of Medical Monitors, by Michael Thompson
- FBI’s Bias for Keywords, by Carlo Difundo
- Crime Scene Context: Bridging the Gap Between Evidence and Reconstruction, by Jo Ellen Nott
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More from David Reutter:
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- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
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More from these topics:
- 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, June 15, 2024. Bad Acts Evidence, Prior Crimes, Other Crimes/Bad Acts Evidence, Sex Cases - Evidence of Similar Crimes and Acts, Other Crimes Evidence, Right to Testify, Right to Testify/Remain Silent, Defendant's Right to Testify.
- Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, April 15, 2024. Parental rights, Counsel - Effective Assistance of, Strickland Standard, Failure to Preserve Challenge, Failure to Consult/Investigate/Raise, Battered Child/Spouse Evidence, Character/Reputation/Propensity, Bad Acts Evidence.
- U.S. v. Gomez, No. 12-1104 (7th Cir.) (763 F.3d 845) (August 18, 2014) (Judge Diane S. Sykes), Nov. 17, 2014. Punch And Jurists, Relevance in a Propensity Free Way.
- U.S. v. Seymour, No. 06-2306 (7th Cir.) (472 F.3d 969) (January 8, 2007) (Judge Richard A. Posner), Feb. 1, 2007. Punch And Jurists, Character/Reputation/Propensity.
- Michelson v. U.S., No. 23 (U.S. Supreme Court) (335 U.S. 469; 69 S.Ct. 213) (December 20, 2048) (Justice Jackson), Jan. 12, 2007. Punch And Jurists, Character/Reputation/Propensity.
- U.S. v. Linares, No. 03-3011 (D.C. Cir.) (367 F.3d 941) (May 18, 2004) (Judge David S. Tatel), June 1, 2004. Punch And Jurists, Character/Reputation/Propensity.
- U.S. v. John, No. 01-60721 (5th Cir.) (309 F.3d 298) (October 7, 2002) (Judge Jerry E. Smith), Nov. 1, 2002. Punch And Jurists, Character/Reputation/Propensity.
- U.S. v. Evans, No. 99-3068 (D.C. Cir.) (216 F.3d 80) (June 27, 2000) (Judge Merrick B. Garland), Aug. 1, 2000. Punch And Jurists, Character/Reputation/Propensity.
- U.S. v. Romero, No. 98-2358 (7th Cir.) (189 F.3d 576) (August 31, 1999) (Judge Terrence T. Evans), Nov. 1, 1999. Punch And Jurists, Character/Reputation/Propensity.
- U.S. v. Manske, No. 98-4245 (7th Cir.) (186 F.3d 770) (July 9, 1999) (Judge Joel L. Flaum), Oct. 1, 1999. Punch And Jurists, Character/Reputation/Propensity.
