Kenneth Maula v. Lloyd Freckleton, Warden of the Rikers Island Correctional Facility

In August 1986 Kenneth Maula was indicted in New York Supreme Court, Bronx County, for murder in the second degree, criminal possession of a weapon in the second degree, and criminal use of a firearm in the second degree. After both sides had rested at trial, Maula moved to dismiss all three counts for insufficient evidence. The trial court denied the motion, but later during the same conference, informed counsel that it had decided to submit only the murder count to the jury. Maula raised no objection and, as a result, the court did not submit the two weapons counts to the jury.

The jury…