Brief filed: 07/28/2017
State v. Garvin; State v. Wright
New York Court of Appeals; Case No. APL-2015-00321 & APL-2016-00078
Decisions below 130 A.D. 3d 644 (2nd Dep’t. 2015) and 134 A.D.3d 1059 (2nd Dept. 2015).
Under Penal Law § 70.10 and CPL § 400.20, a court may sentence a convicted felon with prior felony convictions as a “Persistent Felony Offender” only upon findings made by a judge under a preponderance of the evidence standard. New York’s sentencing scheme under the statute and the CPL is functionally the same as the statutory scheme found unconstitutional by the United States Supreme Court in Hurst v. Florida.
Pattern Cross-Examination of Expert Witnesses: A Trial Strategy & Resource Guide
In a criminal trial, cross-examination of the prosecution’s forensic expert may make the difference between victory or defeat.
2020 Sample Motions Collection Update
NACDL’s 2020 Sample Motions Collection is the follow-up to our wildly popular 2019 Sample Motions Collection and contains the newest and most recent additions to our ever-expanding Sample Motions library.
State v. Stone - A Case Study on Child Sexual Molestation & Sexual Battery
The criminal defense attorney tasked with defending such a case has to be prepared to not only show reasonable doubt, but to answer this question: If it did not happen, how is it that the child believes it did happen?
POZNER ON CROSS: Advanced Cross of Experts & Officers in DUI Cases
It’s not your strong opening argument. It’s not how many of your impassioned objections the judge sustains. It’s not even how you tie your theory of the case together with a dazzling closing statement bow. What wins your trial is your cross.
This is a sponsored ad
Manage Your Law Firm All in One Place
Mark G. Matuschak and Tiffany E. Payne, Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY; Lindsay A. Lewis, NACDL, New York, NY.