Federal Appeals Court Overturns Convictions

  • On December 27, 2016
  • Federal Appeals
On December 19, 2016, a federal appeals court overturned the convictions of former Massachusetts Probation Commissioner John O’Brien and two former deputies, Elizabeth Tavares and William Burke. In overturning these convictions, the Court ruled that the prosecutors failed to prove a scheme to favor politically connected job candidates was a federal crime. O’Brien, Tavares, and […]
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Gang Initiation Turns Deadly

  • On September 24, 2016
  • Federal Appeals, Murder
A case that got appealed to the Circuit Court of the District of Columbia following a conviction for second-degree murder has been overturned in the defendant’s favor because the prosecutor made an interesting mistake: He got the law wrong. The case began in Germany, when ex-military member Rico Williams, who had stayed abroad to be […]
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Betterman v. Montana and Your Sixth Amendment Rights

  • On June 23, 2016
  • Fifth Amendment/Due Process Rights, Right To A Speedy Trial
Your Sixth Amendment right to a speedy trial is among the most important protections that you have if you have been charged with a crime. The right to a speedy trial not only prevents the government from dragging its feet after charging you with a crime, but also eliminates the possibility of them charging you […]
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When Does Your Right to a Speedy Trial Come into Play?

  • On June 16, 2016
  • Right To A Speedy Trial, Sixth Amendment
One of the rights that the Sixth Amendment provides is your right to a speedy trial. While this right has been tempered – any delay has to have been caused by the government, has to prejudice your case, has to be uncommonly long, and you have to exercise your right to a speedy trial – […]
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The Confusion of the Federal Sentencing Guidelines

  • On April 27, 2016
  • Federal Sentencing Guidelines, judges, trial law
One of the interesting intangibles of the federal criminal justice system has always been the uniqueness of each and every judge on the bench. Even though they strive to make the just and fair decision, they are not computers. What one judge might think is the best decision to make might not be what the […]
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Suppressing Evidence Through the Fruit of the Poisonous Tree Doctrine

  • On April 19, 2016
  • Evidence, fruit of poisonous tree doctrine, trial
Getting charged with any crime is the beginning of an incredibly stressful endeavor. This is especially the case when the charge is for a federal crime, which often carries greater penalties if you end up getting convicted. With so much more at stake, it becomes more important than ever to fight against each and every […]
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The Definition of “Beyond a Reasonable Doubt”

  • On April 18, 2016
  • burden of proof, preponderance of evidence, reasonable doubt
The legal world is full of complicated phrases, and even simple phrases that nevertheless hide numerous levels of complexities. From Latin phrases like “res ipsa loquitur” to word pairings that seem to repeat themselves, like “null and void” or “due process,” the law can seem like a needlessly confusing field. When it comes to criminal […]
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Federal or State Court: Which One Will Try Your Case?

  • On January 8, 2016
  • 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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Changes To The Armed Career Criminal Act (ACCA)

  • On July 3, 2015
Unites States Supreme Court case of Johnson v. United States, decided June 26, 2014, determined that imposing a sentence under ACCA’s residual clause violates due process. The definition of “any felony involving conduct that presents a serious potential risk of physical injury to another” requires a determination if it is, in fact, a violent crime. […]
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Attorney Marcia Shein Pushes For A New Trial On Scott Davis Case

  • On June 8, 2015
  Above is the video from the CBS46 news update outlining Scott Davis’ case against misconduct within the Atlanta Police force as well as other law enforcement agencies and individuals. Case Background Scott Davis was tried and found guilty for the murder of David Coffin, Jr. in 1996.  He was found dead with a gunshot […]
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