The Importance of the Written Brief In an Appeal

  • Posted by Marcia Shein
  • On January 30, 2016
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If you need to appeal a recent criminal conviction to a higher court, the written brief submitted by your attorney is by far the most important part of your appeal. A well-written, well-argued brief is often the only opportunity you have to convince the appeals court judges that you were indeed convicted wrongfully, that you […]
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Top 5 Reasons to Appeal Your Conviction or Sentence

  • Posted by Marcia Shein
  • On January 24, 2016
  • 0 Comments
If you’ve been unfairly convicted of a crime or received a harsh sentence, that verdict or sentence is not necessarily the final word on the matter. The court system provides you with a number of options for appealing your conviction or your resulting sentence, from direct appeals to a higher court to a number of […]
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Police Traffic Stops: How Long Is Too Long?

  • Posted by Marcia Shein
  • On January 20, 2016
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In 2012, while driving along a Nebraska highway, Dennys Rodriguez was pulled over for a police traffic stop by an officer who noticed him veer briefly onto the shoulder. After checking his license and registration, the officer issued a written warning, instead of letting him go, the officer (who had noticed a strong scent of […]
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Federal Appeals Court’s Reversal of Arizona Death Penalty Case: What It Means

  • Posted by Marcia Shein
  • On January 20, 2016
  • 0 Comments
  • News & Articles
On December 29, 2015, a Federal Court of Appeals reversed a denial of habeas corpus in the death penalty case of convicted murderer James McKinney (McKinney v. Ryan), effectively ruling his pending death sentence unconstitutional. The action may have an impact on many other death penalty cases in the state of Arizona from the late […]
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Supreme Court Deems Florida’s Capital Punishment System Unconstitutional

  • Posted by Marcia Shein
  • On January 16, 2016
  • 0 Comments
  • News & Articles
In a ruling with obvious far-reaching implications, on January 12, the United States Supreme Court ruled that the method of sentencing for capital punishment in the State of Florida is unconstitutional—specifically, a violation of the Sixth Amendment—as reported by the Washington Post. The origin of this case (Hurst v. Florida) dates back to 1998, when […]
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U.S. Sentencing Commission Votes to Change “Crimes of Violence” Definition

  • Posted by Marcia Shein
  • On January 12, 2016
  • 0 Comments
  • News & Articles
In a move which could have broad repercussions for future criminal sentencing, the United States Sentencing Commission voted unanimously on Friday to amend the U.S. Federal Sentencing Guidelines’ definition of “crimes of violence,” particularly as it relates to career offenders. The changes, which are slated to go into effect August 1, involve several modifications, the […]
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Federal or State Court: Which One Will Try Your Case?

  • Posted by Marcia Shein
  • On January 8, 2016
  • 0 Comments
  • News & Articles
If you’re under suspicion or being charged with a crime, you might be wondering where your trial might take place. Federal and state court jurisdictions usually have some overlap, so which one will try your case? Knowing whether you’ll be charged and tried at the state level or federal level is important because the procedures […]
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Supreme Court to Address Conflict of Interest in Death Penalty Case

  • Posted by Marcia Shein
  • On January 8, 2016
  • 0 Comments
On “Leap Day” this year (February 29, 2016), the Supreme Court is scheduled to hear an important case that could have an impact on the definitions of conflict of interest. As the Constitution Center reports, the case of Williams v. Pennsylvania will address questions related to whether a state supreme court justice should have recused […]
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