Federal Defenders of New York Second Circuit Blog

SDNY Judge Issues Guidelines Regarding Use of 302 Forms in Criminal Trials

An FYI for counsel who will be cross-examining witnesses in SDNY Judge Katherine B. Forrest’s Courtroom.  Judge Forrest has issued “Guidelines Regarding Appropriate Use of 302 Forms in Criminal Trials.”  You can read the Guidelines here and may need to plan ahead where you need to use a 302 to complete the impeachment of a witness. … Read more

A Study In Contradictions

United States v. Ramirez, No. 07-2912-cr (Calabresi, Cabranes, Parker, CJJ) (2d Cir. June 29, 2010) In this case, the circuit found that the district court erred in applying the “impeachment by contradiction” doctrine. But since the error was harmless, it affirmed. Background At his drug conspiracy trial, defendant Jose Luis Rodriguez testified that he was … Read more