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You are here: Home1 / Criminal Law2 / Admission in Evidence of Defendant’s Statements About Prior Murders Did N...
Criminal Law, Evidence

Admission in Evidence of Defendant’s Statements About Prior Murders Did Not Rise to a Constitutional Injury—Harmless Error Doctrine Applied

The Court of Appeals held that the admission at trial of statements made by the defendant indicating he had committed murders other than the murder with which he was charged “did not rise to the level of constitutional injury such as ineffectiveness of counsel or juror partiality.”  Therefore, the harmless error doctrine applied and, in light of the evidence against the defendant, the conviction was affirmed.  People v Byer, No 84, CtApp, 4-25-13

 

April 25, 2013
Tags: ADMISSIONS, CONFESSIONS, Court of Appeals, MOLINEUX, MURDER, STATEMENTS
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ON REMAND FROM THE US SUPREME COURT, THE COURT OF APPEALS FOUND THAT THE VIOLATION OF DEFENDANT’S RIGHT OF CONFRONTATION WAS HARMLESS ERROR (CT APP).
SCHOOL DISTRICTS DO NOT HAVE THE AUTHORITY TO OVERSEE PRE-KINDERGARTEN PROGRAMS OFFERED BY CHARTER SCHOOLS, BECAUSE THE ISSUE IS ONE OF PURE STATUTORY INTERPRETATION, DEFERENCE TO THE COMMISSIONER OF EDUCATION’S CONTRARY CONCLUSION IS NOT REQUIRED (CT APP).
STATEMENTS ALLEGING MAFIA INVOLVEMENT IN A STRIP CLUB WERE NOT “OF AND CONCERNING” INDIVIDUAL PLAINTIFFS WHO PROVIDED FOOD, BEVERAGE AND TALENT SERVICES TO THE CLUB.
LAWSUIT ALLEGING THE FAILURE TO PROVIDE SOUND BASIC EDUCATION CAN PROCEED, BUT ONLY WITH RESPECT TO SCHOOL DISTRICTS IN NEW YORK CITY AND SYRACUSE. ​
THE SIX-MONTH WAITING PERIOD ASSOCIATED WITH THE REVIVAL OF OTHERWISE TIME-BARRED ACTIONS PURSUANT TO THE CHILD VICTIMS ACT IS NEITHER A STATUTE OF LIMITATIONS NOR A CONDITION PRECEDENT; THEREFORE, PURSUANT TO FEDERAL PROCEDURAL LAW, THE SECOND CIRCUIT MAY RULE THAT DEFENDANT FORFEITED THE RIGHT TO A TIMELINESS DISMISSAL OF THE FEDERAL COMPLAINT (BASED ON THE ARGUMENT PLAINTIFF’S ACTION WAS PREMATURE) BY FAILING TO TIMELY RAISE THE ISSUE (CT APP). ​
JUDGES NOT ENTITLED TO DAMAGES BASED UPON INADEQUATE COMPENSATION.
MOTION TO VACATE CONVICTION PROPERLY DENIED WITHOUT A HEARING; DEFENDANT DID NOT PRESENT SUFFICIENT EVIDENCE OF ACTUAL OR POTENTIAL CONFLICT OF INTEREST ON THE PART OF DEFENSE COUNSEL.

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