LEGAL
MEMORANDA AND SIMILAR DOCUMENTS
"Why Judges Should Admit Expert Testimony on the Unreliability of Eyewitness Testimony," by Dr. Henry F. Fradella, Professor of Criminology, as published in the Federal Courts Law Review, June, 2006, in which Dr. Fradella finds that there are at least 125 criminal cases in which post-conviction DNA evidence has exonerated persons who were mistakenly identified as the perpetrators of serious crimes; and he urges the courts to abandon their refusal to admit expert witness testimony as to the scientific factors pertaining to the validity and accuracy of eyewitness identification and permit jurors to hear this vitally important information. "Evidence," by Prof. Michael M. Martin, New York Law Journal, April 13, 2006. Two Noteworthy Habeas Corpus Resources: “Federal Habeas Corpus: A Brief Legal Overview,” prepared by the Congressional Research Service, The Library of Congress, April 26, 2006; and “Falcoff’s Habeas Corpus Training Manual,” by Marc D. Falcoff, the Habeas Corpus Special Master appointed by Judge Jack B. Weinstein (E.D.N.Y.) in 2003 to oversee 500 habeas cases. "Errores Juris 2005" (formerly known as "Reversible Errors"), edited by Alexander Bunin, Federal Public Defender, Albany, NY (68 pages). "The Sound of Silence Post-Arrest and Pre-Miranda," by Benjamin E. Rosenberg, New York Law Journal, June 10, 2005. "White-Collar Crime," by Robert G. Morvillo and Robert J. Anello, New York Law Journal, June 7, 2005. "Eyewitness Identification Evidence: Science and Reform," by Gary L. Wells, The Champion Magazine, April, 2005. "Jailhouse Informants: Is it Time for Judicial Regulation?," by Prof. Abraham Abramovsky, Fordham University School of Law, as published in the New York Law Journal, March 4, 2005. "Queen For a Day - Proffer Your Life Away," by Barry Tarlow, The Champion Magazine, March, 2005 "Sentencing Tips for New York Lawyers: Obtain a Copy of the Presentence Report," by Alan Rosenthal, Center for Community Alternatives, Syracuse, N.Y. "The Complete Search Warrant, Annotated," by Albert M. Rosenblatt, November, 2004, a 164-page manual prepared for the New York State Unified Court System. "The Defender," Newsletter for CJA Panel Attorneys, published by Alex Bunin, Federal Public Defender, Northern District of New York, Fall, 2004. "Circuitous Thinking: An Analysis of the Supreme Court's Decision in Crawford v. Washington, 124 S.Ct. 1354 (March 8, 2004)," by Richard Ware Levitt, Esq., as published in the Mouthpiece, the Newsletter of the New York State Association of Criminal Defense Lawyers, May/June, 2004. "'Queen for a Day' Agreements and Proper Scope of Permissible Waiver of the Federal Plea Statement Rules," by Benjamin A. Naftalis, Columbia Journal of Law and Social Problems, 2003-2004. "Third Party Guilt: The crucial role of defense theory instructions," by Thomas Lundy, The Champion Magazine, September/October 2003 - which includes an interesting discussion of People v. Primo, 753 N.E.2d 164 (N.Y. 2001), where the New York State Court of Appeals rejected the necessity of showing a "clear link" between a third party and the crime in question prior to admitting evidence of third party guilt. "Outside Counsel: The New Meaning of Extortion," by Paul A. Bautista, New York Law Journal, July 10, 2003. "Why the Southern and Eastern Districts Should Adopt a 'Brady' Rule," by Jay Goldberg, New York Law Journal, June 15, 2003. "Errores Juris - 2004" (formerly known as Reversible Errors), a summary of the grounds on which criminal defendants received relief from the Federal courts in 2002, written by Alexander Bunin, Esq., Federal Public Defender, Northern District of New York. This summary now goes back some 10 years and is arranged by topic. "Misdemeanors: What They Are and How Do We Get Them?," by Tony Lacy, Assistant Federal Defender, Oklahoma City, OK, June 2000. "An Introduction to Ineffective Assistance of Counsel in New York," by Kathryn M. Kase, Esq. Richard Ware Levitt's Second Circuit Criminal Law Update - a summary analysis of every criminal decision from the Second Circuit from January 1, 1988 to date (available on www.fedcrimlaw.com, which will require you to repost your access codes) "Voir Dire - The Overlooked and Underrated Art," by Lawrence Hochheiser, Esq., May 23, 2001. "Finding the Golden Retrievers - Jury Selection from the Ground Up," by Andrew H. Eibel, Esq. "Risk Assessment Guidelines and Commentary," under New York's Sex Offender Registration Act ("SORA"), November 1997.
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