Nix V. Whiteside: the Lawyer's Role in Reponse to Perjury James R
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Criminal Law Procedure and Practice
CALIFORNIA CRIMINAL LAW PROCEDURE AND PRACTICE 2005 Library of Congress Catalog Card No. 94-70697 ©1994, 1995, 1996, 1998,2000,2002,2004,2005 by The Regents of the University of California ISBN 0-7626-0986-9 CR-32116 \ ' 52 REPRESENTING THE NONCITIZEN CRIMINAL DEFENDANT KATHERINE A. BRADY HON. DANA LEIGH MARKS NORTON TOOBY I. OVERVIEW §52.1 II. UNIQUE ASPECTS OF NONCITIZEN DEFENDANT CASES A. Checklist: Basic Procedure for Criminal Defense of Immigrants §52.2 B. Interviewing Noncitizen Criminal Defendants and Basic Immigration Status Questionnaire §52.3 C. Main Defense Goals in Representing Juveniles §52.4 D. Noncitizen Status 1. Noncitizen Status as Affecting Bail §52.5 2. Noncitizen Status as Affecting Other Issues §52.6 E. Interpreters §52. 7 F. Requirements Concerning Immigration Status When Pleading Guilty or No Contest §52.8 G. Availability of Noncitizen Witnesses §52.9 H. Consequences of Sentence in Criminal Case §52.10 I. Former Judicial Recommendation Against Deportation (JRAD) §52.11 J. Effect of Postconviction Relief on Immigration Status §52.12 1. Vacating Conviction §52.13 2. Expungement (Pen C §1203.4) and Other Forms of State Rehabilitative Relief §52.14 3. Other Postconviction Relief §52.15 4. Responsibilities of Original Counsel When Client Seeks Postconviction Relief §52.16 Ill. APPLICABLE IMMIGRATION LAW A. Effect of Criminal Record on Immigration §52.17 1. Grounds for Inadmissibility §52.18 2. Grounds for Deportability §52.19 3. Procedures for Determining Admissibility or Deportability a. Removal Proceedings §52.20 b. Administrative Proceedings for Aggravated Felonies §52.21 c. Waiver of Deportability and Inadmissibility §52.22 4. -
False Statements and Perjury: a Sketch of Federal Criminal Law
False Statements and Perjury: A Sketch of Federal Criminal Law Charles Doyle Senior Specialist in American Public Law May 11, 2018 Congressional Research Service 7-5700 www.crs.gov 98-807 False Statements and Perjury: A Sketch of Federal Criminal Law Summary Federal courts, Congress, and federal agencies rely upon truthful information in order to make informed decisions. Federal law therefore proscribes providing the federal courts, Congress, or federal agencies with false information. The prohibition takes four forms: false statements; perjury in judicial proceedings; perjury in other contexts; and subornation of perjury. Section 1001 of Title 18 of the United States Code, the general false statement statute, outlaws material false statements in matters within the jurisdiction of a federal agency or department. It reaches false statements in federal court and grand jury sessions as well as congressional hearings and administrative matters but not the statements of advocates or parties in court proceedings. Under Section 1001, a statement is a crime if it is false regardless of whether it is made under oath. In contrast, an oath is the hallmark of the three perjury statutes in Title 18. The oldest, Section 1621, condemns presenting material false statements under oath in federal official proceedings. Section 1623 of the same title prohibits presenting material false statements under oath in federal court proceedings, although it lacks some of Section 1621’s traditional procedural features, such as a two-witness requirement. Subornation of perjury, barred in Section 1622, consists of inducing another to commit perjury. All four sections carry a penalty of imprisonment for not more than five years, although Section 1001 is punishable by imprisonment for not more than eight years when the offense involves terrorism or one of the various federal sex offenses. -
SECOND CONCURRENCE SCHALLER, J., Concurring
****************************************************** 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. ****************************************************** CONNECTICUT COALITION FOR JUSTICE IN EDUCATION FUNDING, INC. v. RELLÐSECOND -
1 the State Bar of California Standing Committee On
THE STATE BAR OF CALIFORNIA STANDING COMMITTEE ON PROFESSIONAL RESPONSIBILITY AND CONDUCT FORMAL OPINION INTERIM NO. 14-0004 ISSUE: Issue #1: What are the attorney’s duties when the attorney suspects, but does not know, a client’s witness who is expected to testify at a civil trial has testified falsely, albeit favorably, for the attorney’s client at deposition? Issue #2: What are the attorney’s duties when the attorney knows, rather than merely suspects, the same witness has committed perjury and yet the client instructs the attorney to use the witness’s false testimony at the upcoming civil trial? Issue #3: The facts are the same as Issue #2, except the attorney first learns of the perjury after the witness has testified at trial. Thus, what are the attorney’s duties, if any, after a witness has committed perjury at trial but the client has instructed the attorney not to reveal the perjury? DIGEST: Because an attorney must represent a client zealously, the attorney may offer testimony of questionable credibility; however, because of the duty of candor to the court, an attorney must not present or use testimony known to be false even if the client has instructed them to do so. If the testimony has already been offered, the attorney must take reasonable remedial measures to correct the record without violating the duty of confidentiality. If such measures fail, the attorney may have a duty to seek to withdraw from the representation. AUTHORITIES INTERPRETED: Rules 1.6, 1.16, and 3.3 of the Rules of Professional Conduct of the State Bar of California.1/ Business and Professions Code sections 6068, 6106, and 6128. -
False Statements and Perjury: an Overview of Federal Criminal Law
False Statements and Perjury: An Overview of Federal Criminal Law Charles Doyle Senior Specialist in American Public Law May 11, 2018 Congressional Research Service 7-5700 www.crs.gov 98-808 False Statements and Perjury: An Overview of Federal Criminal Law Summary Federal courts, Congress, and federal agencies rely upon truthful information in order to make informed decisions. Federal law therefore proscribes providing the federal courts, Congress, or federal agencies with false information. The prohibition takes four forms: false statements; perjury in judicial proceedings; perjury in other contexts; and subornation of perjury. Section 1001 of Title 18 of the United States Code, the general false statement statute, outlaws material false statements in matters within the jurisdiction of a federal agency or department. It reaches false statements in federal court and grand jury sessions as well as congressional hearings and administrative matters but not the statements of advocates or parties in court proceedings. Under Section 1001, a statement is a crime if it is false, regardless of whether it is made under oath. In contrast, an oath is the hallmark of the three perjury statutes in Title 18. The oldest, Section 1621, condemns presenting material false statements under oath in federal official proceedings. Section 1623 of the same title prohibits presenting material false statements under oath in federal court proceedings, although it lacks some of Section 1621’s traditional procedural features, such as a two-witness requirement. Subornation of perjury, barred in Section 1622, consists of inducing another to commit perjury. All four sections carry a penalty of imprisonment for not more than five years, although Section 1001 is punishable by imprisonment for not more than eight years when the offense involves terrorism or one of the various federal sex offenses. -
Perjury Under Federal Law: a Sketch of the Elements
Perjury Under Federal Law: A Sketch of the Elements (name redacted) Senior Specialist in American Public Law January 28, 2014 Congressional Research Service 7-.... www.crs.gov 98-807 Perjury Under Federal Law: A Sketch of the Elements Summary Although it now covers more than court proceedings, the definition of perjury has not changed a great deal otherwise since the framing of the Constitution. Blackstone described it as “a crime committed when a lawful oath is administered, in some judicial proceeding, to a person who swears wilfully, absolutely and falsely, in a matter material to the issue or point in question.” There are three general federal perjury laws. One, 18 U.S.C. 1621, outlaws presenting material false statements under oath in federal official proceedings. A second, 18 U.S.C. 1623, bars presenting material false statements under oath before or ancillary to federal court or grand jury proceedings. A third, 18 U.S.C. 1622 (subornation of perjury), prohibits inducing or procuring another to commit perjury in violation of either Section 1621 or Section 1623. In most cases, the courts abbreviate their description of the elements and state that to prove perjury in a judicial context under Section 1623 the government must establish that the defendant “(1) knowingly made a (2) false (3) material declaration (4) under oath (5) in a proceeding before or ancillary to any court or grand jury of the United States.” In a similar manner, the courts generally favor the encapsulation from United States v. Dunnigan to describe the elements -
61-2G-306 Renewal of License, Certification, Or Registration. (1) To
Utah Code 61-2g-306 Renewal of license, certification, or registration. (1) To renew a license, certification, or registration, before the license, certification, or registration expires, the holder of the license, certification, or registration shall submit to the division in compliance with procedures set through the concurrence of the division and the board: (a) an application for renewal; (b) a fee established by the division and the board, in accordance with Section 63J-1-504; and (c) evidence in the form prescribed by the division of having completed the continuing education requirements for renewal specified in this chapter. (2) (a) A license, certification, or registration expires if it is not renewed on or before its expiration date. (b) For a period of 30 days after the expiration date, a license, certification, or registration may be reinstated upon: (i) payment of a renewal fee and a late fee determined through the concurrence of the division and the board; and (ii) satisfying the continuing education requirements specified in Section 61-2g-307. (c) After the 30-day period described in Subsection (2)(b), and until six months after the expiration date, a license, certification, or registration may be reinstated by: (i) paying a renewal fee and a reinstatement fee determined through the concurrence of the division and the board; and (ii) satisfying the continuing education requirements specified in Section 61-2g-307. (d) After the six-month period described in Subsection (2)(c), and until one year after the expiration date, a -
Digital Blackmail As an Emerging Tactic 2016
September 9 DIGITAL BLACKMAIL AS AN EMERGING TACTIC 2016 Digital Blackmail (DB) represents a severe and growing threat to individuals, small businesses, corporations, and government Examining entities. The rapid increase in the use of DB such as Strategies ransomware; the proliferation of variants and growth in their ease of use and acquisition by cybercriminals; weak defenses; Public and and the anonymous nature of the money trail will only increase Private Entities the scale of future attacks. Private sector, non-governmental organization (NGO), and government cybersecurity experts Can Pursue to were brought together by the Office of the Director of National Contain Such Intelligence and the Department of Homeland Security to determine emerging tactics and countermeasures associated Attacks with the threat of DB. In this paper, DB is defined as illicitly acquiring or denying access to sensitive data for the purpose of affecting victims’ behaviors. Threats may be made of lost revenue, the release of intellectual property or sensitive personnel/client information, the destruction of critical data, or reputational damage. For clarity, this paper maps DB activities to traditional blackmail behaviors and explores methods and tools, exploits, protection measures, whether to pay or not pay the ransom, and law enforcement (LE) and government points of contact for incident response. The paper also examines the future of the DB threat. Digital Blackmail as an Emerging Tactic Team Members Name Organization Caitlin Bataillon FBI Lynn Choi-Brewer -
Responding to Client Perjury Under the New Pennsylvania Rules of Professional Conduct: the Lawyer's Continuing Dilemma
Volume 34 Issue 1 Article 3 1989 Responding to Client Perjury under the New Pennsylvania Rules of Professional Conduct: The Lawyer's Continuing Dilemma Doris Del Tosto Brogan Follow this and additional works at: https://digitalcommons.law.villanova.edu/vlr Part of the Legal Profession Commons Recommended Citation Doris D. Brogan, Responding to Client Perjury under the New Pennsylvania Rules of Professional Conduct: The Lawyer's Continuing Dilemma, 34 Vill. L. Rev. 63 (1989). Available at: https://digitalcommons.law.villanova.edu/vlr/vol34/iss1/3 This Article is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Villanova Law Review by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. Brogan: Responding to Client Perjury under the New Pennsylvania Rules of 1989] RESPONDING TO CLIENT PERJURY UNDER THE NEW PENNSYLVANIA RULES OF PROFESSIONAL CONDUCT: THE LAWYER'S CONTINUING DILEMMAt DORIS DEL TOSTO BROGAN* TABLE OF CONTENTS I. INTRODUCTION ....................................... 63 II. ADVANCE KNOWLEDGE OF A CLIENT'S INTENT TO COM- MIT PERJURY ......................................... 65 A. When Does a Lawyer "Know"? ..................... 65 B. What Should a Lawyer Do? ......................... 69 III. SURPRISE PERJURY .................................... 82 IV . CONCLUSION ......................................... 89 I. INTRODUCTION D EALING with client perjury presents one of the most difficult ethical problems a lawyer might face.' The courts, organized bar and commentators have never agreed on the appropriate re- sponse to client perjury and the issue continues to generate heated debate. The new Model Rules of Professional Conduct 2 t This article is based on a speech delivered in July 1988 at the Pennsylvania Conference of State Trial Judges. -
12-357 Sekhar V. United States (06/26/2013)
(Slip Opinion) OCTOBER TERM, 2012 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus SEKHAR v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 12–357. Argued April 23, 2013—Decided June 26, 2013 Investments for the employee pension fund of the State of New York and its local governments are chosen by the fund’s sole trustee, the State Comptroller. After the Comptroller’s general counsel recom- mended against investing in a fund managed by FA Technology Ven- tures, the general counsel received anonymous e-mails demanding that he recommend the investment and threatening, if he did not, to disclose information about the general counsel’s alleged affair to his wife, government officials, and the media. Some of the e-mails were traced to the home computer of petitioner Sekhar, a managing part- ner of FA Technology Ventures. Petitioner was convicted of attempt- ed extortion, in violation of the Hobbs Act, 18 U. S. C. §1951(a), which defines “extortion” to mean “the obtaining of property from an- other, with his consent, induced by wrongful use of actual or threat- ened force, violence, or fear, or under color of official right,” §1951(b)(2). -
Inchoate Offences Conspiracy, Attempt and Incitement 5 June 1973
N.B. This is a Working Paper circulated for comment and criticism only. It does not represent the final views. of the Law Commission. The Law Cominission will be grateful for comments before 1 January 1974. All correspondence should be addressed to: J.C. R. Fieldsend, Law Commission, Conquest Hoiis e, 37/38 John Street, Theobalds Road, London WC1N 2BQ. (Tel: 01-242 0861, Ex: 47) The Law Commission Working Paper No 50 Inchoate Offences Conspiracy, Attempt and Incitement 5 June 1973 LONDON HER MAJESTY’S STATIONERY OFFICE 1973 @ Crown copyright 1973 SBN 11 730081 0 THE LAW COMMISSION WORKING PAPER NO. 50 Second Programme, Item XVIII CODIFICATION OF THE CRIMINAL LAW GENERAL PRINCIPLES INCHOATE OFFENCES : CONSPIRACY, ATTEMPT AND INCITEMENT Introduction by the Law Commission 1. The Working Party' assisting the Commission in the examination of the general principles of the criminal law with a view to their codification has prepared this Working Paper on the inchoate offences. It is the fourth in a series' designed as a basis upon which to seek the views of those concerned with the criminal law. In pursuance of - its policy of wide consultation, the Law Commission is publishing the Working Paper and inviting comments upon it. 2. To a greater extent than in previous papers in this series the provisional proposals of the Working Party involve fundamental changes in the law which, we think, will prove much more controversial than those made in the other papers. The suggested limitation of the crime of conspiracy to 1. For membership see p. ix. 2. The others are "The Mental Element in Crime" (W.P. -
GGD-84-6 Forgery of U.S. Treasury Checks--Federal Misdemeanor Law
* BY THE COMPTROiLER GENERAL Report To The Congress OF THE UNITEDSTATES Forgery Of U.S. Treasury Checks- Federal Misdemeanor Law Needed F’ rging of payee signatures on U.S. Treas- u Py checks is increasing. Under Federal law fc/rgery is a major crime (felony) and is pun- is(hable by up to 10 years’ imprisonment. pi lthough offenders include members of o ganized criminal groups, the majority of F deral forgery cases involve a first-time o fender and a small amount of money. For c ses involving offenders in the latter cate- ory, there is no Federal statute that autho- r zes the prosecution of a forgery case as a inor offense (misdemeanor) and the fel- ny penalty is often considered too severe. onsequently, some forgery suspects are ot prosecuted. Federal prosecutors state t at a misdemeanor check forgery statute ould provide a realistic alternative to dec- 1I ning to prosecute a minor forgery offense r prosecuting it under a felony statute. 9 bA0 recommends that forgery of a Treasury #heck under certain circumstances, such as first-time offender forging a check of nom- nal value, be subject to prosecution as a i isdemeanor. GAO/GGO-84-6 NOVEMBER 17, 1983 , Request for copies of GAO reports should be sent to: U.S. General Accounting Off ice Document Handling and Information Services Facility P.O. Box 6015 Gaithersburg, Md. 20760 Telephone (202) 2756241 The first five copies of individual reports are free of charge. Additional copies of bound audit reports are $3.25 each. Additional copies of unbound report (Le., letter reports) and most other publications are $1.00 each.