Pursuant to the Brady doctrine, the State has an affirmative duty under the Due Process Clause to disclose material exculpatory…
Federal Rule of Evidence 701 states that If a witness is not testifying as an expert, testimony in the form…
Similar to its federal counterpart, Utah Rule of Evidence 704(b) provides that In a criminal case, an expert witness must…
Section 15A-1215(a) of the North Carolina Code provides that The judge may permit the seating of one or more alternate…
Indiana has passed a new landmark eyewitness identification bill that is designed to address the leading cause of wrongful convictions.
It’s an issue I researched extensively in connection with the Adnan Syed case: When does defense counsel’s failure to contact…
What should a trial judge do if he overhears a male juror acting aggressively toward a female juror to the…
It has been an interesting couple of days in the prosecution of Karen Read. Read is being prosecuted in connection…
Imagine that a defendant is subjected to a coercive police interrogation and confesses to a crime. The defendant is thereafter…
With an Allen charge, a judge tells jurors to continue deliberating after they’re deadlocked. This charge are typically given under…
Yesterday, the Superior Court of New Jersey, Appellate Division, issued a really interesting, and possibly first-of-its-kind, opinion on coercive interrogation…
§ 90.505(2) of the Florida Statutes provides that A person has a privilege to refuse to disclose, and to prevent…
