In criminal law, exculpatory evidence is some fact, testimony or document that, if used at a criminal trial, might help prove that the accused was not guilty of the charges. Exculpatory evidence includes anything that might directly show the innocence of the accused or that might show an excuse, justification, or defense to the charges…. Read More
What is a “Search” Under the Fourth Amendment?
The Fourth Amendment to the US Constitution states that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” Many state constitutions have similar protections. In criminal law, an accused — the criminal defendant — can bring a motion before the… Read More
What is a Suppression Hearing and How Can it Help My Criminal Defense or Post-Conviction Appeal?
A “suppression hearing” is a proceeding conducted before a criminal trial judge that involves a motion to suppress or exclude evidence from being used at trial. Almost always, suppression hearings are conducted before the criminal trial begins. In federal criminal proceedings, Rule 41(h) of the Federal Rules of Criminal Procedure governs motions of this sort…. Read More
Circumstantial Evidence and Post-Conviction Appeals
Generally speaking, in a criminal trial, there are two types of evidence presented — direct evidence and circumstantial evidence. The first type of evidence is testimony or documents from a person who claims to have personal actual knowledge of some fact that is relevant to the case. Circumstantial evidence is proof of a chain of… Read More
Can Prosecutor’s Use of “Prior Bad Acts” Evidence Lead to Reversal on Appeal?
There is a general doctrine in criminal law called the “prior bad acts” doctrine. This is a rule of exclusion. The doctrine generally prohibits the prosecution from introducing and using evidence of an accused’s prior crimes, wrongs, or other “bad acts” to show “bad” character, a propensity to criminal behavior or that the accused acted… Read More
What is “Reasonable Suspicion” and How Might it Help Your Criminal Defense or Appeal?
Generally, persons are protected by the Fourth Amendment of the US Constitution against “unreasonable searches and seizures.” This means that, before law enforcement officials can conduct a search or seize potential evidence or arrest an alleged criminal (seize the body of the person), law enforcement officials must obtain permission — approval — from a judge…. Read More
Prosecutorial Promises of Immunity: Lessons From the Bill Cosby Case
In a surprise to many, the Pennsylvania Supreme Court recently overturned Bill Cosby’s 2018 convictions for sexual assault. See Commonwealth of Pennsylvania v. Cosby, No. 39 MAP 2020 (Pa. Supreme Court June. 30, 2021). Not only were Cosby’s convictions overturned, but the court ruled that he could not be retried. The case has important lessons… Read More
Erroneous Jury Instruction as the Basis for Post-Conviction Appeals
Under US constitutional law, all criminal trials must be conducted before juries. Generally speaking, the jury’s role is to hear the evidence and make a determination of innocence or guilt. However, after all the evidence has been presented and before the jury begins to deliberate, the judge must give instructions to the jury. In a… Read More
How Do I Appeal a Federal Court Decision?
When the United States government convicts you of a federal crime such as bank robbery, insurance fraud, or embezzlement, your criminal trial takes place in one of the 94 district courts across the country. Your district court hearing takes place in a location closest to where the government alleges you committed the crime. If convicted… Read More
Reasons to Appeal a Criminal Case
Receiving a criminal conviction is not always the end of the road. While it might seem like it is, a criminal conviction often begins the process of deciding how to create a successful appeal, which involves questioning a court’s legal basis for making a decision. There are a number of ways in which an appeal can… Read More