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In 2013, there were 1,032,326 bankruptcies filed nationwide, a marked decreased from the number of such filings the previous three years: 2012—1,185,238; 2011—1,379,658; 2010—1,561,225. According to the American Bankruptcy Institute (ABI), this represented a 24 percent decrease in 2013, the…
Category: Federal Criminal Law
Attorneys and their clients do not always get along. Unpaid fees, differences in defense tactics, false or misinformation shared between the two, and sometimes just plain personality conflicts can create an impractical, if not impossible, mutual working relationship. When these…
Category: Federal Criminal Law
The U.S. Supreme Court over the last decade has grappled with the often gut-wrenching decision of how our criminal justice system should treat juveniles who commit serious violent offenses, including capital murder.
In 2005, the Supreme Court in Roper…
Category: Federal Criminal Law
This question has been answered in the affirmative by every court of appeals that has addressed it—the Sixth, Seventh, Eighth, and Ninth. The Third Circuit on March 12, 2014 followed their lead in United States v. Woronowicz. The decision came…
Category: Drug Crime | Federal Criminal Law
This was a “novel question” the Third Circuit Court of Appeals answered on March 12, 2014 in the case of Jose Ortiz-Vega (“Ortiz”) who was convicted and given 108 months’ imprisonment for crack cocaine offenses. This sentence was imposed on…
Category: Uncategorized
Sex Registration Not Severe Restraint, In Custody, for Federal Habeas Purposes
28 U.S.C. § 2254, the Federal habeas corpus statute, requires a petitioner to be “in custody pursuant to the judgment of a State court … in violation of…
Category: Uncategorized
In 2006, Congress enacted, and former President George W. Bush signed into law, the Adam Walsh Act, also know as the Sex Offender Registration and Notification Act (SORNA). The purpose of the law is to “protect children from sexual exploitation…
Category: Federal Criminal Law
In December 1991 a fire at the Corsicana, Texas residence of Cameron Todd Willingham claimed the lives of Willingham’s three children. Navarro County law enforcement and arson investigators quickly put Willingham in their sights as the prime suspect. In January…
Category: Drug Crime | Federal Criminal Law
An integral, increasingly non-negotiable component of any federal plea agreement requires that the defendant waive his right to appeal or collaterally attack his conviction or sentence. Federal appellate courts favor such waivers, as it saves the government and judiciary time…
Category: Federal Criminal Law
Ineffective Assistance Claim for Misadvice of Immigration Consequences of Plea Sucessfully Raised by the Extraordinary Remedy of Writ of Error Coram Nobis
A writ of habeas corpus is the most recognized remedy for challenging an unlawful conviction when a…
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