The New York State Court of Appeals recently ordered a new trial for a man serving a 25-year prison sentence for assaulting a woman on a Manhattan subway platform, because expert testimony should have been permitted regarding the credibility of eyewitness identification. In People v. Santiago, __ NY2d __, 2011 WL 4972074 (Oct. 20), the Court of Appeals considered whether two eyewitness identifications of a suspect with a partially concealed face sufficiently corroborated the victim's identification so as to render expert testimony on eyewitness recognition memory unnecessary. A unanimous court concluded that two eyewitnesses did not sufficiently corroborate the victim's identification and the trial court improperly excluded the expert witness.
The long-running saga of convicted murderer Margo Freshwater, who lived as a prison escapee 32 years, will run a bit longer. On Friday, she was awarded a new trial by the Tennessee Court of Criminal Appeals, which found "a reasonable probability" that jurors in her 1969 trial may have returned a different verdict if they had known her co-defendant claimed he was the only shooter.
Citing a judge's ruling on a similar case in Florida, a family that lost a product liability case against Ford in 2004 in St. Louis County has filed a petition for a new trial here. The Florida judge's 51-page decision granting a new trial alleges a decades- long cover-up by Ford. In 1994, the Eltiste family, of Nebraska, was riding in their 1991 Ford Aerostar, piloted by Hal Eltiste. He was using the van's cruise control feature and tried to turn it off when he approached the intersection of highways 67 and 75 in Nebraska.
Eddie Adams wants a new trial. In May, Adams was found guilty of assault, first-degree robbery and other lesser charges in conjunction with a December 2009 armed robbery at Knicker's Saloon in Dubuque. He was found not guilty of the more serious charge of attempted murder.
A new trial is being ordered for a Wayne County man because a prospective juror at his trial knew several of the witnesses who testified. The New York Court of Appeals on Thursday ruled Oswego County Court abused its discretion when it denied Scott C. Furey's for- cause challenge.
The Putnam County prosecuting attorney has filed a notice to appeal the order setting Joseph Lavigne Jr. free. Lavigne spent 15 years in prison after he was convicted of the brutal rape of his then 5-year-old daughter in 1996. Putnam County Circuit Judge O.C. Spaulding overturned his conviction on April 29 and gave him a new trial.
An Allegheny County judge denied mass killer Richard Baumhammers' bid for a new trial or sentence on Wednesday, sending the Mt. Lebanon native back to death row. Baumhammers, 46, showed little emotion as Common Pleas Judge Jeffrey A. Manning ruled that the convicted killer did not deserve a new trial or penalty phase. Baumhammers had a brief, quiet discussion with his attorney, Caroline Roberto, and was led out of the courtroom in handcuffs and shackles.
Witnesses Step Forward to Bring New Light to Green's Innocence WASHINGTON, July 9 /PRNewswire-USNewswire/ -- Former death row inmate Crosley Green has petitioned a Florida court for a new trial concerning the 1989 murder of Charles "Chip" Flynn in Mims, Florida. The petition sets forth sworn statements from four of the prosecution's witnesses who have recanted their testimony and new evidence that speaks to Green's innocence, including eight sworn affidavits from key alibi witnesses who say they saw Green far away from the scene of the crime at the time of the murder. The petition also presents two sworn affidavits from former Brevard County Sheriff's first responders to the murder scene who state that the evidence they witnessed the night of the murder pointed to someone else, and n...
An Allegheny County judge denied mass killer Richard Baumhammers' bid for a new trial or sentence on Wednesday, sending the Mt. Lebanon native back to death row. Baumhammers, 46, showed little emotion as Common Pleas Judge Jeffrey A. Manning ruled that the convicted killer did not deserve a new trial or penalty phase. Baumhammers had a brief, quiet discussion with his attorney, Caroline Roberto, and was led out of the courtroom in handcuffs and shackles.
The lawyer for a Rialto man convicted in the shooting death of a Rialto SWAT officer in 2007 is trying to get a new trial for his client. Deputy Public Defender George Wright filed a 31-page motion last week in Fontana Superior Court seeking a new trial for Krist Antonio Wiggins in the death of Sergio Carrera Jr.
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