The Indignant Indigent has added two news link to the "Resources" toolbar at the right entitled "Challenging Firearms Examiners" (two parts). The links lead to two articles by Professor Adina Schwartz of the John Jay College of Criminal Justice that appeared last year in the New York State Defender's Association publication, The Champion. In the articles, Professor Schwartz points out the weaknesses inherent to any firearms examiner's testimony and provides scientific evidence to support the position that no firearms examiner can reliably testify that he has found the one-and-only weapon that discharged a particular bullet or shell casing. The articles should be required reading for any attorney before cross-examining a firearms expert. You can also find the articles here and here.
It should also be known that three recent federal cases highlight the problems inherent in firearms identification and suggest that such testimony is vulnerable to legal challenges despite its having been long accepted in evidence, often without much debate (see US v. Glynn, 578 F Supp 2d 567 [SDNY 2008]; US v Montiero, 407 F Supp 2d 351, 355 [Dist Mass 2006]; and US v Green, 405 F Supp 2d 104).
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A practical source for New York criminal law updates and commentary.
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- Appellate Briefs (Second Department)
- Blawg.com
- Center for Appellate Litigation
- Challenging Firearms Examiners Part I
- Challenging Firearms Examiners Part II
- Constitutional Law Updates
- Criminal Jury Instructions
- DOJ Eyewitness Identification Guidebook
- Jeffrey Fisher's Crawford Outline
- Law Reporting Bureau
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- The Reid Technique for Interrogations
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Past Bloggers
This Blog was founded by Eric M. Dolan, Esq., in April of 2005. Mr. Dolan, a former member of the Monroe County Public Defender's Appeals Bureau, maintained the blog until 2007. He now has an active criminal law practice as an associate at Trevett Cristo Salzer & Andolina, P.C., in Rochester, New York.
From September 2007 to December 2008, this blog was maintained by Brian Shiffrin, Esq. Mr. Shiffrin is now a partner in the firm of Easton Thompson Kasperek Shiffrin LLP, a law firm dedicated to criminal defense.
From September 2007 to December 2008, this blog was maintained by Brian Shiffrin, Esq. Mr. Shiffrin is now a partner in the firm of Easton Thompson Kasperek Shiffrin LLP, a law firm dedicated to criminal defense.
From January 2009 until May of 2011, this blog was maintained by David M. Abbatoy, Jr., Esq. Mr. Abbatoy recently established THE ABBATOY LAW FIRM, PLLC, and concentrates his practice in appellate advocacy, post-conviction remedies, and criminal defense. You can find the firm on the web at www.abbatoy.com or contact Mr. Abbatoy by email at dma@abbatoy.com.
Disclaimer
This blog is meant to be a resource for New York criminal law practitioners. Of course, the case summaries here are no substitute for thorough research by a competent attorney. No attorney-client relationship is created by the receipt and review of the material on this blog.