The articles below are part of a continuing series written by Tim Franczyk in his role as Director of our Continuing Legal Education Program. Each of these monographs will deal with a particular topic of evidence, law, procedure, and legal or trial strategies to better enable our Panel Attorneys to be the best attorneys in Western New York.
DISCOVERY/SPEEDY TRIAL/COVID-RELATED CHANGES:
2. Discovery and Protective Orders
3. Discovery and Trial Readiness
4. Challenging Jury Panels in a Pandemic
MINIMIZING CRIMINAL CONSEQUENCES
5. Certificates of Relief from Disabilities and of Good Conduct
8. Clients with Diminished Capacity
TRIAL ISSUES
12. Impeachment of Police Witnesses
13. Molineux and Sandoval Evidence
16. Admissibility of Graphic Evidence
17. Opening the Door to Otherwise Inadmissible Evidence
18. Admissibility of Expert Witness Opinion Testimony
19. Expert Witnesses and Child Deaths
21. Party Admissions v Statements Against Penal Interest
SEARCHES, SEIZURES AND STATEMENTS
24. Permissible Police Deception
28. Cases on Orders of Protection and Automobile Searches Based on the Smell of Marijuana
PROCEDURAL MATTERS
31. Facial Insufficiency of Misdemeanor Accusatory Instruments
32. Permissible Post Indictment Pleas
33. Dismissal in the Interest of Justice
MISCELLANEOUS SUBSTANTIVE MATTERS
37. Law of Accomplice Liability
41. Meaning of Lesser Included Offenses
42. Meaning of Physical Injury/Serious Physical Injury
43. The Line Between DWI and DWAI
45.On Defending Sex Offenders in the Aftermath of Harvey Weinstein
46. The Keys to Disorderly Conduct
48. Extreme Emotional Disturbance
51. Consciousness of Guilt or Just a Guilty Conscience
MATTERS OF ADVOCACY
52. Purposeful Discrimination in Jury Selection
54. Admissibility of Dying Declarations
55. Keeping it Simple in Advocacy
57. Key to Cross Exam is Control
59. Excited Utterances and Present Sense Impressions
63. Ethics and Plea Bargaining
64. Privileged Communications/Confidential Information
65. What to do when the Client Plans to Lie
66. Ineffective Assistance of Counsel
67. On Being a Criminal Defense Lawyer
MATTERS OF SENTENCING AND POST JUDGMENT RELIEF
68. Restitution and Reparation
69. Felony Sentencing in Superior Court
76. Exculpatory Hearsay and DV Sentencing
78. Motions to Vacate Judgments of Convictions and Sentences
81. How Much Jail Time Does a Sentenced Defendant Actually Serve82. Dangerous Dog Proceedings
84. Fourth Department End of Year Case Round-Up
85. A Few Words on Investigation, Competent Representation and Effective Assistance of Counsel
87. Driving While Impaired by Drugs Now In Line with Driving While Intoxicated
88.Setting Aside a Guilty Verdict is Neither Easy Nor Impossible
89. Immunity: Protection From Prosecution
90. A Few Observations on the Right to Counsel
91. When Victims and Defendants Speak at Sentencing
92. Update on Speedy Trial, Discovery, and Excludable Time
93. US Supreme Court Limits NY “Opening-the-Door” Rule
94. The Rest of the Story… The Rule of Completeness
95. Bail Reform: Update and After Effects
96. Taking Stock of Inventory Searches
97. The Road Less Traveled: Criminal Conduct Not Commonly Prosecuted
98. A Few Words on the Sex Offender Registration Act (S.O.R.A)
99. Identification Testimony: Suggestive I.D., Confirmatory I.D., & Independent Basis
100. A Few Words on CPL 710.30: Preclusion vs. Suppression
101. Larceny Cases Determining Value of Stolen Property
102. When Prior Consistent Witness Statements are Admitted in Evidence
103. Back to Basics: The Rules of Relevance
104. Reckless Endangerment, Assault, Homicide & Depraved Indifference
107. Criminal Conduct Committed Under Duress
108. “Wasn’t There, Didn’t Do That.” The Alibi Defense
112. Application of New Marijuana Law to Pending Suppression Motions
113. When Judges Intrude on Trials By Calling and Questioning Witnesses
114. Guilt By Association: Admissibility of Evidence of Gang Activity at Trial
115. Emergency Searches and Exigent Circumstances: Similar But Not The Same
116. Challenging Confessions as Involuntarily Given or Falsely Made
117. Bad Character Evidence or Proof of Motive in High-Profile Murder Case?
118. Trial Judge Speaks Publicly About Murdaugh Case
119. Pro Se Representation: Usually a Bad Idea
120. Matter of Abe A. How Much Process is a Defendant Due?
121. The Right to a Public Trial
127. Appealing Adverse Suppression Orders
128. Update on the Confrontation Clause
129.Combating the Suggestiveness of First-Time, In-Court Identification with People v Perdue
132. Court of Appeals and Use of Molineux and Sandoval Evidence
134. Court of Appeals Shines a Critical Light on Tinted Window Stops
135. Extended Detention Following V&T Stop Requires Reasonable Suspicion
136. The Constitutional Right to Present a Defense
137. Admissibility of Photo/Video Identification Testimony from Non-Eyewitnesses