New Advisory Committee on Evidence

New York State Office of Court Administration:

Chief Judge Janet DiFiore today designated the members of the new Judicial Advisory Committee on Evidence, a panel of experts charged with compiling a guide to New York’s existing law of evidence that will be readily available to judges, lawyers and the public.

With its evidence law broadly dispersed among myriad cases and statutory provisions, New York is unique in lacking a consolidated source of the law of evidence, whether by statute or guide. The guide to be produced under the careful supervision of the Advisory Committee will state – in an organized, easy-to-use format − what the rules are. It will be divided into sections, and the rules will be accompanied by notes that include sources of authority and additional information, where appropriate. Once released, the guide will be updated annually to reflect any changes in the law of evidence.

The aim of the guide is to provide judges, lawyers and others with an easily accessible, important reference tool they can look to in discerning New York’s evidentiary rules.

Court reverses shaken-baby conviction

Democrat and Chronicle (Rochester, NY):

In a ruling that could have statewide significance, a Monroe County Court judge has reversed the 2001 murder conviction of a Greece woman who was accused in the shaken-baby death of a toddler in her care.

In a decision released Tuesday morning, Judge James Piampiano ruled that the science used to convict René Bailey has changed significantly since her trial.

The ruling marks the first time a shaken-baby conviction has been overturned in New York on the basis of changing science. Lawyers have won a handful of reversals in other states in recent years...

"This would be the first time in New York that we have a head-on, squarely-facing decision saying that a major change in the science qualifies as newly discovered evidence," said Bailey's attorney, Adele Bernhard.

The complete decision can be found here.