| CONDUCT & CAUSATION |
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| A defendant's conduct does not constitute a criminal offense unless the conduct is prohibited by a statute, a municipal ordinance, or a rule. The word "conduct" means an act or a failure to act. The word "conduct" also includes the defendant's mental state. The word "act" is defined as a voluntary movement of the defendant's body. The word "act" includes speech. More... |
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| Brady Materials and Impeachment Evidence |
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| Certain types of impeachment evidence are required to be disclosed by the Government to the defendant upon the defendant's request. The disclosure of evidence by the Government upon the defendant's request is commonly referred to as disclosure of Brady materials. Brady materials must be known to the Government and must be material to the defendant's case to require disclosure.
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| BILLS OF EXCEPTION |
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| A defendant is entitled to waive his or her right to appeal his or her conviction by a trial court. However, the waiver must be knowingly and intelligently made by the defendant. The waiver may only be made after the defendant's right to appeal has accrued.
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| Wire Fraud |
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| The federal Wire Fraud statute was enacted more than 50 years ago. The statute includes both domestic and foreign wire transmissions.
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| Motions to Suppress Evidence |
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| A defendant may file a motion to suppress evidence during the pretrial phase of her trial. A motion to suppress is filed when the defendant is seeking to exclude evidence on the basis that it was illegally obtained. The evidence may have been obtained in violation of the defendant's right against unreasonable searches and seizures as provided under the Fourth Amendment of the United States Constitution. The evidence may have been tainted by other illegally obtained evidence, thereby supporting the defendant's assertion that it should be excluded. More... |
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