November 2017 - Federal Criminal Law Center

Supreme Court Poised to Make Decisions About Structural Error Cases

Posted by Marcia Shein
On November 24, 2017
0 Comments
ineffective counsel, structural error, U.S. Supreme Court

Federal law holds that to be successful, a person arguing an appeal on the basis of ineffective assistance of counsel must show that substandard service negatively affected the trial’s outcome. Another flaw in trials, called a “structural error,” will result in a defendant being granted a new trial even if the error did not result […]

Searches of Electronic Devices

Posted by Marcia Shein
On November 22, 2017
0 Comments
Constitutional Rights, Fourth Amendment, Fourth Amendment/Unreasonable Search And Seizure

Travelers in the United States need to be prepared to have digital device like cell phones and laptops searched by United States law enforcement. Statistics compiled by the Customers and Border Protection reveal that border agents are increasing the number of electronic device searches. This data reveals that over the last six months, nearly 15,000 electronic […]

Claims of Ineffective Assistance of Counsel

Posted by Marcia Shein
On November 15, 2017
0 Comments
criminal defense lawyer, ineffective counsel

In the recent case of Davila v.Davis, the Supreme Court analyzed the limit of ineffective assistance of counsel. Depending on the results of the trial, the defendant could avoid being sentenced to death for fatally shooting a 5-year-old girl and her grandmother. The main question in the case concerns whether the defendant’s first lawyer was […]

Criminal Defenses: Mistake of Law and Mistake of Fact

Posted by Marcia Shein
On November 6, 2017
0 Comments
Criminal Defense, defense attorney, mistake of fact

There are numerous misunderstandings that individuals have about how the law operates. An often repeated but inaccurate saying is that ignorance of the law does not operate as a defense. In actuality, some individuals who are mistaken about the law might have strong legal defenses for that very reason. A skilled attorney is often able […]