Petition for Relief from a Conviction Or Sentence by a Person in State
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Charging Language
1. TABLE OF CONTENTS Abduction ................................................................................................73 By Relative.........................................................................................415-420 See Kidnapping Abuse, Animal ...............................................................................................358-362,365-368 Abuse, Child ................................................................................................74-77 Abuse, Vulnerable Adult ...............................................................................78,79 Accessory After The Fact ..............................................................................38 Adultery ................................................................................................357 Aircraft Explosive............................................................................................455 Alcohol AWOL Machine.................................................................................19,20 Retail/Retail Dealer ............................................................................14-18 Tax ................................................................................................20-21 Intoxicated – Endanger ......................................................................19 Disturbance .......................................................................................19 Drinking – Prohibited Places .............................................................17-20 Minors – Citation Only -
A Federal Criminal Case Timeline
A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement negotiations and changes in law. This timeline, however, will hold true in the majority of federal felony cases in the Eastern District of Virginia. Initial appearance: Felony defendants are usually brought to federal court in the custody of federal agents. Usually, the charges against the defendant are in a criminal complaint. The criminal complaint is accompanied by an affidavit that summarizes the evidence against the defendant. At the defendant's first appearance, a defendant appears before a federal magistrate judge. This magistrate judge will preside over the first two or three appearances, but the case will ultimately be referred to a federal district court judge (more on district judges below). The prosecutor appearing for the government is called an "Assistant United States Attorney," or "AUSA." There are no District Attorney's or "DAs" in federal court. The public defender is often called the Assistant Federal Public Defender, or an "AFPD." When a defendant first appears before a magistrate judge, he or she is informed of certain constitutional rights, such as the right to remain silent. The defendant is then asked if her or she can afford counsel. If a defendant cannot afford to hire counsel, he or she is instructed to fill out a financial affidavit. This affidavit is then submitted to the magistrate judge, and, if the defendant qualifies, a public defender or CJA panel counsel is appointed. -
Brief of Amici Curiae National Association of Criminal Defense Lawyers and American Civil Liberties Union in Support of Respondent
No. 16-1495 IN THE Supreme Court of the United States CITY OF HAYS, KANSAS, Petitioner, v. MATTHEW JACK DWIGHT VOGT, Respondent. On Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit BRIEF OF AMICI CURIAE NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS AND AMERICAN CIVIL LIBERTIES UNION IN SUPPORT OF RESPONDENT Barbara E. Bergman Jeffrey A. Mandell NATIONAL ASSOCIATION OF Counsel of Record CRIMINAL DEFENSE LAWYERS Laura E. Callan 1660 L Street, N.W. Erika L. Bierma Washington, D.C. 20036 Eileen M. Kelley Elizabeth C. Stephens David D. Cole STAFFORD ROSENBAUM LLP Rachel Wainer Apter 222 W. Washington Ave., Ezekiel Edwards Suite 900 AMERICAN CIVIL LIBERTIES Madison, WI 53701 UNION FOUNDATION (608) 256-0226 915 15th Street N.W. [email protected] Washington, D.C. 20005 December 20, 2017 Counsel for Amici Curiae TABLE OF CONTENTS Page STATEMENT OF INTEREST OF AMICI CURIAE .......................................................... 1 STATEMENT .............................................................. 3 SUMMARY OF ARGUMENT ..................................... 9 THE FIFTH AMENDMENT’S GUARANTEE AGAINST SELF- INCRIMINATION APPLIES AT PRELIMINARY HEARINGS. ............................ 11 A. This principle is consistent with the Constitution’s text and with precedent……… ............................................. 11 B. Limiting the Self-Incrimination Clause’s application to the criminal trial itself would severely prejudice defendants…….. ............................................ 18 C. The government’s policy concerns do not withstand scrutiny. ............................ 24 CONCLUSION .......................................................... 29 ii TABLE OF AUTHORITIES Page(s) Cases Best v. City of Portland, 554 F.3d 698 (7th Cir. 2009) ............................ 14, 24 Blyew v. United States, 13 Wall. 581 (1872) ................................................ 13 Chavez v. Martinez, 538 U.S. 760 (2003) .......................................... 13, 27 Coleman v. Alabama, 399 U.S. -
Felony Case Processing Study Phase I Final Report and Recommendations
Cuyahoga County, Ohio Felony Case Processing Study Phase I Final Report and Recommendations Submitted to: The Cuyahoga County Commissioners and The Cuyahoga County Adult Justice Group By The Justice Management Institute May 22, 2005 Contact Person Douglas K. Somerlot 1900 Grant Street, Suite 630 Denver, Colorado 80203 (303) 831-7564 Fax: (303) 831-4564 Table of Contents Item Page Number Summary of Recommendations 1 Impact of Recommendations on Staff and Computer Equipment 8 Background 14 New Proposals and Developments 25 Issues and Recommendations 29 Appendix 1, Description of The Justice Management Institute 63 Appendix 2, Description of The Adult Justice Group 66 Appendix 3, Methodology and Individuals Interviewed 68 i THE JUSTICE MANAGEMENT INSTITUTE Cuyahoga County, Ohio Felony Case Processing Study– Phase I Summary of Recommendations I. GOVERNANCE OF THE CRIMINAL JUSTICE SYSTEM. Criminal Justice Supervisory Committee. Recommendation Number 1: Cuyahoga County should form a county-wide Criminal Justice Supervisory Committee. The Committee should be drawn from key leaders at the county and municipal levels and should have top quality staff. It should be charged with planning for system-wide improvements in criminal justice system operations, monitoring progress toward achievement of goals, acting collectively to address systemic problems, and reporting at least annually to county and municipal governing bodies. II. ARREST TO ARRAIGNMENT. A. Case investigation processing paths should be consistent with the severity and complexity of the crime charged and the possible sentence that could be imposed. Recommendation Number 2: A committee composed of representatives of the police agencies, municipal and county prosecutor’s office, public defender, and probation department should develop a case investigation process which accelerates the law enforcement processing of cases where the charges are lower grade felonies, cases where there is no victim and few witnesses, and cases involving low-level substance abuse. -
A Plea for Discovery of Evidence in Aggravation
Death by Ambush: A Plea for Discovery of Evidence in Aggravation Tamara L. Graham* I. Introduction On February 26, 1997, the Commonwealth of Virginia executed Coleman Wayne Gray for the capital murder of Richard McClelland, the manager of Murphy’s Mart in Portsmouth, Virginia.1 One might argue, however, that he was actually executed for the murders of Lisa and Shanta Sorrell, despite having never been charged with those crimes.2 The Sorrell murders looked somewhat like McClelland’s murder; however, the only direct link that the Commonwealth had between Gray and the Sorrell murders was the testimony of Melvin Tucker, Gray’s accomplice in the McClelland murder.3 Tucker received a life sentence in exchange for, among other things, his testimony that Gray told him that he had killed the Sorrells.4 To convince the jury that Gray would “constitute a continuing serious threat to society,” the Commonwealth introduced testimony from the detective and the medical examiner in the Sorrell case and, in effect, conducted a mini-murder trial within the sentencing phase of the trial of the only crime for which it had actually indicted Gray.5 Gray’s counsel asked the trial court to exclude the surprise evidence.6 The court refused, and the jury * J.D. Candidate, May 2006, Washington and Lee University School of Law; B.A., Hanover College, 1996. I thank professor David I. Bruck for his guidance and wisdom; Jessie Seiden, Meghan Morgan, Max Smith, and Todd Egland for their editorial prowess; Marsha L. Dutton for providing the stylistic foundation for everything I write; my 2006 VC3 colleagues for having my back; and Carrie Herring for her patience and support. -
Access to Justice for Children: Mexico
ACCESS TO JUSTICE FOR CHILDREN: MEXICO This report was produced by White & Case LLP in November 2013 but may have been subsequently edited by Child Rights International Network (CRIN). CRIN takes full responsibility for any errors or inaccuracies in the report. I. What is the legal status of the Convention on the Rights of the Child (CRC)? A. What is the status of the CRC and other relevant ratified international instruments in the national legal system? The CRC was signed by Mexico on 26 January 1990, ratified on 21 November 1990, and published in the Federal Official Gazette (Diario Oficial de la Federación) on 25 January 1991. In addition to the CRC, Mexico has ratified the Optional Protocols relating to the involvement of children in armed conflict and the sale of children, child prostitution and child pornography. All treaties signed by the President of Mexico, with the approval of the Senate, are deemed to constitute the supreme law of Mexico, together with the Constitution and the laws of the Congress of the Union.1 The CRC is therefore part of national law and may serve as a legal basis in any proceedings before the national courts. It is also part of the supreme law of Mexico as a whole and must be implemented at federal level and in all the individual states.2 B. Does the CRC take precedence over national law The CRC has been interpreted to take precedence over national laws, but not the Constitution. According to doctrinal thesis LXXVII/99 of November 1999, international treaties are ranked second immediately after the Constitution and ahead of federal and local laws.3 On several occasions, Mexico’s Supreme Court has stated that international treaties take precedence over national law, mainly in the case of human rights.4 C. -
Case 2:09-Cv-04870-MMB Document 49 Filed 07/20/11 Page 1 of 21
Case 2:09-cv-04870-MMB Document 49 Filed 07/20/11 Page 1 of 21 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JULIA QUAGLIARELLO : CIVIL ACTION : v. : : NO. 09-4870 OFFICER JOSHUA DEWEES, et al. : MEMORANDUM RE: MOTIONS IN LIMINE Baylson, J. July 20, 2011 I. Introduction Currently pending before the Court in this action pursuant to 42 U.S.C. § 1983 and state law are the parties’ cross-motions in limine to exclude certain evidence at trial. Defendants filed the following three motions: 1) a Motion in Limine to Preclude Opinion Testimony of Walter Signorelli, Plaintiff’s Police Expert; 2) a Motion in Limine to Preclude Evidence of Pre-Incident Lawsuits and Settlements; and 3) a Motion in Limine to Preclude Plaintiff from Offering Evidence at Trial of Citizen Complaints filed Against Police Officer Dewees and Prior Disciplinary Records. Plaintiff filed a Motion to Preclude Introduction of Plaintiff’s Plea of Guilty in State Criminal Proceedings and to Preclude Testimony from Defendants’ Witnesses Anna Marie Murphy, Esquire, Anthony Amoroso, Esquire, Jay Mettera, Esquire, Sam Yim, Esquire and Donna Gorbey on June 1, 2011. The Court has reviewed the parties’ motions and responses in opposition, and held oral argument on pending motions on May 24, 2011. Defendants’ Motion in Limine to Preclude Opinion Testimony of Walter Signorelli (ECF No. 25) will be granted in part and denied in part. -1- Case 2:09-cv-04870-MMB Document 49 Filed 07/20/11 Page 2 of 21 The Court will reserve decision on Defendants’ Motions in Limine to Preclude Evidence of Pre- Incident Lawsuits and Settlements (ECF No. -
STATE V. KALLBERG--DISSENT
****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecti- cut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Con- necticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be repro- duced and distributed without the express written per- mission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** STATE v. KALLBERGÐDISSENT ESPINOSA, J., dissenting. The majority concludes that the disposition agreement between the defendant, Craig Kallberg, and the state, as reflected in the tran- script of the September 22, 2011 disposition hearing, was ambiguous as to whether the defendant's charitable contribution of $271 was intended to be in exchange for the nolle prosequi of the charges that the state has reinstituted in the present case. -
Student Study Guide Chapter Seven
STUDENT STUDY GUIDE CHAPTER SEVEN Multiple Choice Questions 1. Which of the following contributes to a large amount of public attention for a criminal trial? a. Spectacular crime b. Notorious parties c. Sympathetic victim d. All of the above 2. How are most criminal cases resolved? a. Arraignment b. Plea Bargaining c. Trials d. Appeals 3. Preventive detention has been enacted into law through the ____________. a. Bail Reform Act b. Bail Restoration Act c. Bond Improvement Act d. Bond Policy Act 4. The customary fee for a bail bondsman is ____ of the bail amount. a. 5% b. 10% c. 20% d. 25% 5. Which of the following is not a feature of the grand jury? a. Open to the public b. Advised by a prosecuting attorney c. Sworn to forever secrecy d. Size variation among states 6. If a defendant refuses to enter a plea, the court enters a(n) ____________ plea on his or her behalf. a. guilty b. not guilty c. nolo contendere d. Alford 1 7. Who is responsible for preparing a presentence investigation report? a. Judge b. Jury c. Probation officer d. Corrections officer 8. If a motion for _____________ is granted, one side may have to produce lists of witnesses and witness roles in the case. a. discovery b. severance c. suppression d. summary judgment 9. Which of the following motions may be requested in order to make the defendant appear less culpable? a. Motion for discovery b. Motion in limine c. Motion for change of venue d. Motion to sever 10. Which of the following motions might be requested as the result of excessive pretrial publicity? a. -
Legal Terms/Abbreviations
LEGAL TERMS/ABBREVIATIONS April 1, 1999 Acquit, Acquittal - A finding of not guilty by a judge or jury. Adjudication - Judgment rendered by the court after a determination of the issues. Arraignment - Appearance of the defendant in court to enter his/her plea to the charges. Bail - Cash or surety posted to procure the release of a defendant by insuring his/her future court attendance and compelling him/her to remain in the jurisdiction of the court. Bench Warrant - Warrant of arrest ordered and signed by a judge (statewide warrant). Capias - A writ to the sheriff or other authorized agent to arrest the named person (nationwide). Contempt of Court - An act of disrespect to the court; wilful disregard of the court=s authority. Continuance - Deferring a trial or hearing to a later date. Conviction - A judgment of guilty against a criminal defendant. Dismissed - To dismiss an action or suit without any further consideration or hearing. Disposition - The sentencing or other final settlement of a case. Diversion - The process of removing some minor criminal, traffic or juvenile case from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages. DOC - The Department of Corrections (State Prison Facility). Docket - A list of cases to be heard by a court or a log containing brief entries of court proceedings. Et al - And others or and another. Expungement - Official and formal erasure of a record or partial contents of a record. Extradition - Surrender by one state to another of a person accused or convicted of an offense outside its own territory and within territorial jurisdiction of the other, with the other state which is competent to try him/her, demanding his/her surrender. -
A Guide to Mental Illness and the Criminal Justice System
A GUIDE TO MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM A SYSTEMS GUIDE FOR FAMILIES AND CONSUMERS National Alliance on Mental Illness Department of Policy and Legal Affairs 2107 Wilson Blvd., Suite 300 Arlington, VA 22201 Helpline: 800-950-NAMI NAMI – Guide to Mental Illness and the Criminal Justice System FOREWORD Tragically, jails and prisons are emerging as the "psychiatric hospitals" of the 1990s. A sample of 1400 NAMI families surveyed in 1991 revealed that 40 percent of family members with severe mental illness had been arrested one or more times. Other national studies reveal that approximately 8 percent of all jail and prison inmates suffer from severe mental illnesses such as schizophrenia or bipolar disorders. These statistics are a direct reflection of the failure of public mental health systems to provide appropriate care and treatment to individuals with severe mental illnesses. These horrifying statistics point directly to the need of NAMI families and consumers to develop greater familiarity with the workings of their local criminal justice systems. Key personnel in these systems, such as police officers, prosecutors, public defenders and jail employees may have limited knowledge about severe mental illness and the needs of those who suffer from these illnesses. Moreover, the procedures, terminology and practices which characterize the criminal justice system are likely to be bewildering for consumers and family members alike. This guide is intended to serve as an aid for those people thrust into interaction with local criminal justice systems. Since criminal procedures are complicated and often differ from state to state, readers are urged to consult the laws and procedures of their states and localities. -
The Case Against Alford Pleas
University of Denver Criminal Law Review Volume 2 Issue 1 Article 6 January 2012 Sacrificing undamentalF Principles of Justice for Efficiency: The Case against Alford Pleas Brandi L. Joffrion Follow this and additional works at: https://digitalcommons.du.edu/crimlawrev Part of the Criminal Law Commons Recommended Citation Brandi L. Joffrion, Sacrificing undamentalF Principles of Justice for Efficiency: The Case against Alford Pleas, 2 U. Denv. Crim. L. Rev. 39 (2012) This Article is brought to you for free and open access by the University of Denver Sturm College of Law at Digital Commons @ DU. It has been accepted for inclusion in University of Denver Criminal Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],dig- [email protected]. Joffrion: Sacrificing Fundamental Principles of Justice for Efficiency: The UNIVERSITY OF DENVER CRIMINAL LAw PCEVIEW SPRING 2012 UNIVERSITY OF DENVER CRIMINAL LAW REVIEW SPRING 2012 SACRIFICING FUNDAMENTAL PRINCIPLES OF JUSTICE FOR EFFICIENCY: THE CASE AGAINST ALFORD PLEAS Brandi L. Joffrion* I. INTRODUCTION Of all federal convictions sentenced under the U.S. Sentencing Reform Act in 2010, 96.8% were obtained through a guilty plea.1 According to the most recent data, 95% of state convictions obtained in the nation's 75 largest counties were also obtained through a guilty plea.2 Despite its controversial nature, 3 it was plea bargaining 4 that led to the majority of these aforementioned guilty pleas.5 Out of all the pleas currently available to criminal defendants, the A/ford plea is perhaps the most controversial.