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Issues to Develop at Trial
See below for links our monthly newsletters focusing on innovative strategies for effective trial practice.
CAL regularly shares its collective wisdom, practice pointers, and strategies for cutting-edge developments in New York’s criminal law in the form of its Issues to Develop at Trial.
June 2024 -Bruen Series - Part IV
March 2024 -DNA & the Confrontation Clause, and Justification & Jury Notes
December 2023 - Bruen Series - Part III
September 2023 - The Impact of Youth on Mens Rea
June 2023 - Post-conviction Fifth Amendment Protections
April 2023 - Bruen Series - Justification & Weapon Possession
January 2023 - Racial Justice Series - Seizure
September 2022 - Bruen Update
July 2022 - Bruen Series
June 2022 - High-Crime-Neighborhood Challenges
March 2022 - Implicit Bias
January 2022 - Pandemic Challenges
November 2021 - Preserving a Second Amendment Challenge to New York's Gun Laws
September 2021 - Challenging the Trial Penalty
July 2021 - Challenging Pre-Textual Traffic Stops
June 2021 - Challenging the Use of Rap Music As Evidence
April 2021 - Preserving Batons Challenges for Appeal
March 2021 - Addressing Implicit Bias During Voir Dire
January 2021 - Preserving Unlawful Seizure Argument Where Client Submits to an Officer's Command to Stop
September 2020 - Preserving Confrontation Violation Where Pathologist Who Produced the Autopsy Report Is Not Called to Testify
July 2020 - Challenging Cop Credibility at Preliminary Hearings and Related Strategic Considerations
March 2020 - Probable Cause and Particualrity Challenges to Search Warrants of Cell Phones and Social Media/Computer Files
January 2020 - CPL 245.70 Expedited Review – FAQS and Mechanics
December 2019 - Pressing for a Right of Rebuttal in Summation
August 2019 - Out-Of-State Predicate Cheat Sheet
July 2019 - Abolishing the Excited Utterance Exception to the Rule Against Hearsay
April 2019 - Challenging the Standard CJI Interested Witness Charge
March 2019 – Challenging the Court's Reliance on "Corroboration" to Deny Defense Expert Testimony
January 2019 – DNA, Breathalyzer, and Cell Site Location Issues
November 2018 – Influential People v. Suazo Decision and Potential Equal Protection Claims
September 2018 – Judge Fiore’s New Brady Order and Some Practice Takeaways
July 2018 – Asserting Your Right to Summation in Local Criminal Court
May 2018 – Protecting Clients in a Post-Padilla “ICE”Age
April 2018 – The New Photo ID Law and DCJS Protocols
February-March 2018 – What Are Your Ethical Obligations when Post-Conviction Counsel Calls about a Possible IAC Claim?
January 2018 – Charge Requests Following People v. Boone
December 2017 – A 1st Amendment Challenge to Unlicensed General Vending in NYC
November 2017 – A Constitutional Challenge to Second-Degree Aggravated Harassment
October 2017 – Sentencing Part 2 (mandatory surcharge deferrals and SHOCK incarceration)
September 2017 – Sentencing Part 1 (undischarged parole time and “Violent Predicate Override”)
July-August 2017 – Objecting to Expert Testimony Purporting to Decode Slang
June 2017 – Moving to Suppress Cell Site Location Information
May 2017 – Using and Defending against PowerPoint Presentations
April 2017 – Using Constitutional Speedy Trial to Help Your Case
March 2017 – Crafting Certain Predicate Challenges at Sentencing
February 2017 – Special SAP Edition for Summons Court Practitioners-Debunking Myths
January 2017 – Batson Challenges Based on “Color” and the 3-Step Protocol in General
December 2016 – How to Create a Good Record for Appeal at Sentencing
November 2016 – Peoplev. Allard and Your Right to a Hearing on Your 30.30 Motion
September 2016 – Challenging First-Time in-Court Identifications
August 2016 – Using the Second Amendment in Your Weapon Cases
July 2016 – Using Prior Bad Acts Against Victims and Non-Defendant Witnesses
June 2016 – Objecting to DNA Evidence after John
May 2016 – Challenging Rikers Tapes after Johnson
April 2016 – Flaws in Selected CJI Instructions