Category Archives: Federal Criminal Law
Supreme Court Rules Brady Offers Little Relief to The Guilty
In 1963, the U.S. Supreme Court in Brady v. Maryland held that criminal prosecutors must disclose evidence favorable to a defendant, upon his or…
The Important Correlation Between Indictment and Jury Instruction
There are many constitutionally significant elements of a criminal prosecution. Three of these are indictment, evidence produced at trial and jury instructions. The Fifth…
The Doctrine of Abatement Ab Initio Expanded
Moments before he took his own life in a Massachusetts prison this past April, former NFL star Aaron Hernandez was a convicted murderer. The…
What Is a “Federal Crime of Violence”?
Certain crimes, such as murder, rape, robbery, and assault, are generally associated with the often used term “crime of violence.” What exactly defines “violence”…
Abuse of Power: A Standard Feature of the Trump Administration
What is abuse of power? That question has become increasingly important to Americans. A new Quinnipiac poll shows that 54 percent of the people…
Plea Deals for Drug Crimes May Not Be the Bargain They Seem
The U.S. Constitution guarantees the right to a fair and impartial trial to anyone charged with either a federal or state criminal offense, regardless…
What Is a Brady Violation?
The landmark decision Brady v. Maryland was handed down by the U.S. Supreme Court in 1963. The decision held that, under the Fifth and…
What Trump’s Picks for Federal Courts Mean For Criminal Defense
President Trump’s abrupt firing of former FBI Director James Comey, and its related political fallout, has dominated the news cycle over the last week…
Supremacy Clause Protects Austin PD Officer Deputized by Feds
The federal courts have on occasion pointed out that the immunity found in the Supremacy Clause is a “seldom litigated corner” of constitutional law.…
Trump Promises and Promises
President Donald Trump made a lot of promises during his successful campaign to become President of the United States – two of which were…
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