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Topics:
Misconduct/Corruption (6)
--- Police Misconduct (5)
Retaliation (10)
Medical (3)
--- Abortion (2)
Disciplinary Hearings (12)
--- Liberty Interests (8)
Searches (6)
--- Strip Searches (4)
--- Computer Searches (2)
Crime/Demographics (29)
--- Conspiracy (28)
Conditions of Confinement (7)
--- Eighth Amendment (6)
Attorneys (3)
--- Prosecutors (3)
Excessive Force (31)
Prisoner Privileges (3)
--- Computers (3)
Civil Procedure (213)
--- Damages (4)
--- Standing (15)
--- Jury Instructions (38)
--- Appeals (9)
--- Limitations (8)
--- Discovery (2)
--- Mootness (5)
--- Filing Fees (7)
--- Magistrates (5)
--- Sanctions (24)
--- Transcripts (4)
--- Depositions (2)
--- Recusal (32)
--- Retroactivity (55)
Sentencing (24)
--- Ex Post Facto (2)
--- Habeas Corpus (5)
--- Probation (4)
Money/Property (34)
--- Restitution (17)
--- Bankruptcy (5)
--- Forfeiture (12)
Federal Statutory Law (32)
--- Americans with Disabilities Act (7)
--- Religious Freedom Restoration Act (4)
--- Violence Against Women Act (5)
--- AEDPA (4)
--- Alien Tort Claims Act (4)
--- Clean Water Act (2)
International (8)
--- Terrorism (8)
Immunity/Liability (6)
--- Qualified Immunity (4)
Mail (42)
--- Due Process (42)
Mental Health (16)
--- Civil Commitment (16)
Media (34)
--- First Amendment (34)
Police (4)
--- False Arrest (4)
Criminal Procedure (2)
--- Double jeopardy (2)
Constitution, U.S. (3)
--- Sixth Amendment (3)
Punch And Jurists (12295)
Appeals/Appellate Jurisdiction (151)
--- Felon in Possession Statute (26)
--- Waiver of Appeal Rights (70)
--- Procedural Default/Error (36)
------ Actual Innocence/Claim of Innocence (32)
--------- Ineffective Assistance of Counsel (15)
------ Cause and Prejudice (2)
------ Capital Cases (2)
--- Law of the Case (8)
--- Preservation of Appellate Rights/Issues (8)
------ Waiver (3)
--- Appealable Issues/Orders (6)
--------- Collateral Order Doctrine (2)
--- Jurisdictional Defects (7)
--- Mandamus, Writ of (7)
--- Notice of Appeal/Appeal Rights (8)
--- Audita Querela (2)
Constitutional Challenges/Law (231)
--- Deportation/Removal/Exclusion (56)
------ Aggravated Felonies (7)
------ Section 212(c) Waiver (3)
------ Detention Pending Removal (9)
--------- Limitations on Period of Detention (9)
------ Crime of Moral Turpitude (2)
------ Collateral Consequences (3)
--------- Failure to Inform (2)
------ Fundamentally Unfair (5)
------ Enforcement of Immigration Laws (2)
--- Equal Protection Clause/Claims (12)
--- Terrorist Designation/Terrorism Label (15)
------ Patriot Act (9)
--------- Material Support Ban (9)
------ Foreign Terrorist Organization (FTO) (2)
--- Adam Walsh Child Protection Safety Act (5)
------ Restrictions on Access to Evidence (3)
--- Mandatory Victims Restitution Act (MVRA) (18)
------ Difficulty of Calculating (2)
--- Child Support Recovery Act/Deadbeat Parents Punishment Act (20)
--- Vagueness/Overbreadth (33)
------ Cyberstalking (2)
------ Authorization for the Use of Military Force (AUMF) (10)
--------- Detention (4)
--- Megan's Laws (29)
--- Espionage (2)
--- Prohibited Persons (20)
------ Unlawful User (6)
------ Illegal Aliens (3)
--- Federal Death Penalty Act (22)
------ Separate Juries (4)
--- Pornography/Pornography Laws (6)
--- Federal Carjacking Statute (3)
--- Court Rules (4)
--- Foreign Intelligence Surveillance Act (FISA) (10)
------ Significant Purpose Test (5)
--- Domestic Violence (4)
--- Pretrial Detention and Detainees (9)
--- Child Online Protection Act (COPA) (5)
--- Bill of Attainder (4)
New Trial/Judgment of Acquittal (110)
--- Sufficiency of Evidence (157)
------ Buyer-Seller Relationship/Instruction (13)
------ Nexus between crime and property (4)
--------- Civil Asset Forfeiture Reform Act (CAFRA) (7)
------------ Notice Requirements (3)
------ Specific Offenses (7)
--------- Stolen Valor Act (3)
------ Controlled Substances (3)
------ Weapons (10)
------ Presentence Reports (PSRs) (18)
------ Rule 10(b)(5) (4)
------ Murder/Felony Murder (6)
--------- Depraved Indifference Murder (4)
------ Bribes and Gratuities (3)
------ Evidence - Circumstantial (6)
------ Sweat Patch Test (3)
--- Evidence - Newly Discovered (22)
--- Attorney Misconduct/Disqualification (10)
Search and Seizure (611)
--- Physical Injury/Restraint (5)
--- Searches - Containers/Luggage (10)
--- Warrants (37)
------ Particularity Requirement (3)
------ Probable Cause (27)
------ Terrotorial Restrictions (7)
--------- Network Investigative Technique ("NIT") (7)
--- Searches - Cellphones/Computers/Internet (11)
------ Stored Communications Act (9)
--------- Emails (7)
--- Consent (31)
------ Doctrine of Unconstitutional Conditions (2)
--- Wiretap Evidence (7)
--- Probable/Proximate Cause (64)
------ Anonymous Tip (9)
--------- 911 Calls (7)
--- Exigent Circumstances (27)
------ Emergency Aid Doctrine (5)
--- Warrantless Searches (42)
------ Curtilege (3)
--------- Automobile Exception (3)
------ DNA Evidence (5)
------ Cell-Phones (7)
--------- Waiver of Appellate Rights (4)
------ GPS Tracking Device (4)
--- Electronic Surveillance (8)
------ Pen Registers (5)
--------- Email and IP Addresses (3)
------ Sealing (3)
--- Custodial Interrogations/Statements (18)
--- Searches - Inventory (12)
------ Community Caretaking Exception/Doctrine (6)
--- Warrants - General Search (6)
------ Peyton v. New York (4)
--------- SWAT Teams (4)
--------- Plain View Doctrine (4)
------------ Electronically Stored Information (2)
--- Special Needs Exception (21)
------ Supervised Release (6)
--------- Lifetime Supervision (3)
--- Informants and Paid Witnesses (50)
--- Privacy Act/Rights (26)
------ Perp Walks/Ride-Alongs (3)
--- Searches - Vehicle checkpoints (20)
--- USA Patriot Act (11)
------ National Security Letters (7)
--- Racial/Ethnic Bias/Profiling (13)
--- Inevitable Discovery Doctrine (6)
--- Consensual Encounters (11)
--- Searches - Border Stops/Searches (30)
------ Destructive Searches (2)
--- Searches - Plain View (10)
--- Searches - Incident to Arrest (12)
------ Automobile Searches/Seizures (3)
--- Abandoned Property (4)
--- Searches - Automobile (30)
------ Prolonging a Routine Stop (3)
--------- Canine search (3)
------ Single-purpose container exception (3)
--- Searches - Home/Curtilage (13)
--- Seizure (11)
--- Warrants - Anticipatory (6)
--- Pretextual Stops (3)
--- Reasonable Suspicion (14)
--- Searches - Knock and Announce (14)
--- Return/Retention of Property (33)
------ Rule 41(g) (3)
--- Fruit of the Poisonous Tree (8)
--- Searches - Administrative (11)
--------- General Law Enforcement Objectives (2)
--- False Statements, Testimony or Documents (16)
--- Searches - Protective Sweep (5)
--- Independent Source Doctrine (3)
--- NSA Domestic Spying Program (14)
------ States Secrets Privilege (5)
--- Suppression (3)
--- Good Faith Exception (7)
--- Searches - Thermal Imager (12)
--- Stalking Horse (4)
Separation of Powers (12)
--- Appointments Clause (7)
--- Final Judgments (2)
General Application Principles (22)
--- Applicable Guidelines Issues (19)
--- Continuing Offenses (2)
Discretionary/Inherent Powers (7)
--- Expungement/Removal (9)
------ Privacy Rights (4)
--------- Hotel Guests (3)
Conspiracies, Attempts, Solicitations (7)
--- Attempts/Incomplete Acts (5)
--- Completion of All Acts (2)
Subpoenas (17)
--- Tax Prosecutions (4)
--- Relevancy (4)
------ State of Mind (3)
Federal Rules of Criminal Procedure (3)
--- Grand Jury - Secrecy Rule (3)
Offenses Involving Public Officials (9)
--- Jury Coercion/Tampering (12)
------ Presumption of Prejudice (3)
Commerce Clause (2)
--- Crime Victims' Rights Act (CVRA) (4)
False Statements/Perjury (4)
--- Exculpatory No Doctrine (4)
Criminal Justice Act (CJA) (3)
--- Attorneys' Fees/Expenses/Expenses (3)
--- Collection (3)
------ Forfeiture Money Judgments (2)
Feeney Amendment (PROTECT Act) (3)
Bureau of Prisons (BOP) (15)
--- Good Time Credits (3)
------ Section 3624(b) (14)
--------- Calculation of 54 Days (14)
--- Community Confinement/Home Detention (12)
------ Halfway House Placement (25)
--------- 10% Limitation (25)
Capital Punishment (95)
--- Expert Witnesses/Testimony (31)
------ Exclusion of Witnesses at Trial (3)
--- Effective Assistance of Counsel (32)
------ Expert and Opinion Evidence/Testimony (10)
--- Victim Impact Statement/Testimony (3)
--- Aggravating Factors/Circumstances (8)
--- Antipsychotic Drugs/Forced Medication (24)
------ Chemical Castration (2)
--- Collateral Estoppel (12)
Jury Selection (59)
--- Batson Claims (58)
------ Peremptory Challenges (24)
--------- Erroneous Rejection of Challenge (12)
------------ Harmless Error (13)
--- Juries - Anonymous/Sequestered (18)
--- Juries - Fair and Impartial (4)
Remands (12)
--- Different Judge (8)
Tenth Amendment (13)
--- Federalizaton of Criminal Laws (9)
--- Federal Bank Robbery Act (2)
--- Brady Handgun Violence Prevention Act (2)
Bail/Pretrial Release (18)
--- Failure to Make Findings or Articulate Reasons (6)
--- Extradition (8)
------ Fugitives/Fugitive Disentitlement (7)
--- Pending Appeal/Sentencing (5)
--- Danger to the Community (3)
Obstruction (58)
--- Obstruction of Justice (52)
--- Instant Offense (4)
Counsel - Right to (42)
--- Indigent Defendants - Fees and Expenses (12)
------ Civil Contempt (2)
------ Criminal Justice Act Fees (2)
--- Immigration Hearings (4)
--- Misdemeanor Offenses (6)
--- Confessions - Admissibility (3)
------ Impeachment Evidence/Purposes (20)
--------- Massiah Rule (19)
--- After Request for Counsel (3)
--- Counsel - Constructive denial of (20)
------ Counsel of Choice (3)
------ The Thompson Memorandum (6)
--- Offense Specific Nature (3)
Bribery/Extortion/Theft (39)
--- Federal Funds (39)
Revocation/Modification of Probation, etc. (30)
--- Guideline Policy Statements/Commentary (5)
--- Discovery - Generally (6)
--- Supervised Release - Imposition of New Term (17)
Essential Elements of Crime (19)
--- Kidnapping, Abduction or Unlawful Restraint (6)
--- Counterfeiting and Forgery (7)
Jurors and Juries (107)
--- Jury Nullification (31)
--- Jurors - Alternates (6)
--- Bias/Discrimination (37)
------ Impartial Jury (3)
--------- Fair Cross Section Requirement (3)
--- Juror Competency/Inquiry Issues (9)
--- Jurors - Removal/Excusing (8)
--- Publicity - Prejudicial (16)
--- Anti-Alienation Statutes (21)
------ Liens, Garnishments, Etc. (21)
Joinder and Severance (32)
--- Prejudicial Spillover (10)
--- Joinder of Offenses and/or Defendants (11)
--- Prejudicial Joinder Issues (7)
--- Mutually Antagonistic Defenses (5)
Grounds for Appeal (6)
Opinions and Expert Testimony (23)
--- Opinion on Ultimate Issue (8)
--- Hypothetical Questions (6)
--- Eyewitness Testimony (9)
Juvenile Offenses/Offenders (10)
--- Speedy Trial Rights (9)
------ Barker Factors (4)
--- Arraignment Delay (3)
Career Offenders (42)
--- Offense Statutory Maximum (13)
--- Three Strikes Statutes/Rule (19)
--- Downward Departures (26)
------ Sentencing Goals/Purposes/Practices (16)
Victim Related Crimes/Adjustments (19)
--- Victims - Official (20)
Substantial Assistance to Authorities (86)
--- Breach of Plea/Coop./Immunity Agreements (44)
--- Refusal to file motion (42)
------ Cooperation Not Complete (3)
--- Assistance after sentencing (2)
Criminal History (99)
--- Prior Conviction/Sentence/Incarceration (51)
------ Adjournment in Contemplation of Dismissal (ACD) (2)
--------- Conflicting Provisions (2)
--- Evidence - Weight of (3)
--- Similar Acts or Crimes/Similarity in kind (11)
--- Prior Convictions - Expungement or Reversal of (5)
--- Adequacy of Criminal History Category (33)
------ Prior Conviction Exception (4)
Prospective Relief (6)
--- Opt-In Requirements for Truncated Judicial Review (6)
Freedom of Information Act (FOIA) (8)
--- Exemptions (17)
------ Glomar Response (5)
--------- Executive Authority (4)
------ Civil Rights Restored (2)
------ Torture (12)
--------- Clearly Established Rights (3)
--------- U.S. Citizens in Iraq (3)
Speedy Trial (91)
--- Interstate Agreement on Detainers (IAD) (11)
--- Ends of Justice Continuances (4)
--- Speedy Trial Clock - Tolling of (20)
--- Waivers/Defaults (28)
------ Consequences of Firing Appointed Counsel (2)
--- Delays in Prosecution of Case (28)
--- Excludable Time (4)
Fraud and Deceit (40)
--- Bank Fraud/Robbery/Theft (10)
------ Intent to Defraud (3)
--------- Federal/State Conflicts (2)
--- Loss - Actual v. Intended (20)
--- Identity Theft (7)
------ Aggravated Identity Theft (6)
--- Check-Kiting/Bad Checks (5)
Mail and Wire Fraud (38)
--- Honest Services Fraud (8)
--- Scheme or Artifice to Defraud (4)
--- Foreign Crimes/Convictions/Conduct (20)
------ Foreign Narcotics Kingpin Designation Act (2)
------ Prisoners Rights (4)
--------- UNICOR (4)
--- Jurisdiction - Generally (3)
--- Affirmative Defenses (6)
Confrontation Clause/Rights (33)
--- Video/Closed Circuit TV Testimony (9)
--- Crawford (15)
------ Testimonial Statements (5)
--------- Crime Lab Reports (3)
Mandatory Minimum Sentence (152)
--- Burden of Proof (164)
------ Deceptive Investigative Techniques (3)
------ Preponderance of Evidence Standard (3)
--- Explosives (2)
--------- During the Commission of a Felony (2)
Public Trial (38)
--- Closure of Courtroom (18)
--- Right to be Present (11)
--- Voir Dire (12)
Entrapment (34)
--- Predisposition/Inducement (22)
--- Entrapment by Estoppel (6)
--- Government Deception and Trickery (2)
--- Post-Apprendi Challenges (3)
Taxation Offenses (21)
--- Reliance on erroneous advice (5)
--- Venue - Change of (3)
--- Knowledge/Scienter (5)
--- Corrupt and Forcible Interference with IRS (3)
--- Klein Type Conspiracy (6)
Statutory Construction/Interpretation (113)
--- Interstate Commerce (38)
------ Knowledge of Illegality (21)
--- Rule of Lenity (12)
--- Civil RICO (4)
--- Threats (22)
--- Charging Decisions (7)
--- Gun Laws/Crimes (27)
------ Misdemeanor Crime of Domestic Violence (8)
------ Mens Rea (8)
------ Apprendi Issues (6)
--------- Sentencing Factors vs. Essential Elements of Crime (4)
--- Criminal Justice Act (4)
------ Funds for Investigative Services (6)
--------- Standards for Determining (6)
--- Authority/Subject Matter Jurisdiction (8)
------ Torture Victim Protection Act (TVPA) (5)
--------- Failure to State a Claim Upon Which Relief Can Be Granted (4)
--- Insanity Defense Reform Act (7)
--- Senior Citizens Against Marketing Scams Act (4)
--- Commitment (4)
--- Protective Orders (5)
--- Foreign Corrupt Practices Act (FCPA) (3)
--- Practitioner Exception (3)
--- Economic Espionage Act (2)
--- Assimilative Crimes Act (2)
Arrest/Arraignment (15)
--- Warrants - Requirements/Scope/Exceptions (16)
------ Good Faith (2)
Fraud and Theft Loss (77)
--- Loss - Calculation/Determination of (71)
------ Food Stamp Fraud (2)
--- Loss - Consequential Damages (3)
--- Affecting a Financial Institution (6)
--- Jeopardizing the Soundness of a Financial Institution (3)
Drugs - Determination of (74)
--- Marijuana Laws/Issues (19)
------ Medical Marijuana (8)
--- Co-conspirator/Accomplice liability (18)
--- Estimates/Averages - Use of (15)
------ Pimentel Letters (3)
--- Drugs - Type or Quality of (12)
--- Methamphetamine (6)
--- Mens Rea Element (17)
------ Reasonable Cause to Believe Standard (4)
--- Sting Operations (3)
Counsel - Effective Assistance of (150)
--- Strickland Standard (58)
------ Failure to Preserve Challenge (2)
--------- Future Change in the Law (2)
--- Conflict of Interest (38)
--- Anders Brief (9)
--- Pre-Trial Restraint of Assets (8)
------ "Extraordinary Circumstances" Test (2)
--- Failure to Address/Advise Defendant (18)
--- Collateral and Direct Consequences (4)
------ Consequences of Plea (12)
--------- Post Padilla v. Kentucky (10)
------ Misleading Advice/Statements to Defendant (4)
--------- FISA Amendments Act of 2008 (3)
--- Pro Se Issues (18)
--------- Competence to Litigate (2)
--- Failure to Consult/Investigate/Raise (5)
--- Appellate Advocacy/Counsel (2)
--- Battered Child/Spouse Evidence (2)
Immigration Law/Offenses (159)
--- Aggravated Felony (30)
------ Elements of Crime (2)
--- Exhaustion of Remedies (36)
--- Detention - Generally (47)
------ Right to Hearing (3)
------ 8 U.S.C. § 1226(c) (2)
--- Crimes of Violence/Violent Felony (43)
------ Assault Weapons (6)
--- Asylum (7)
--- Illegal Immigration Reform Act of 1996 (IIRIRA) (12)
Civil Rights Actions or Offenses/Bivens Actions (331)
--- Immunity - Absolute and Qualified (116)
------ Waiver of Rights (3)
------ Material Witness Statute (11)
--------- Preventative Detention (3)
------ Monell Claims (3)
--------- False Testimony (2)
------ Confessions (5)
--------- Coercive Interrogations (5)
--- Dismissal (31)
------ Kastigar Hearing (3)
--------- Use of Immunized Testimony (3)
------ Solicitation to Commit a Crime of Violence (3)
--------- Protected Speech (3)
--- Cruel and Unusual Punishment (75)
------ Punishment (15)
------ Mental Retardation/Intellectual Disability (3)
------ Method of Execution (3)
--------- Lethal Injection (3)
--- Attorneys' Fees/Expenses (46)
--- Immunity - Sovereign/Municipal (6)
--- Frivolous Claims (6)
--- Hearings (4)
--- Immunity - Judicial (9)
--- Federal Tort Claims Act (FTCA) (8)
--- Alien Tort Statute (9)
------ Corporate Liability (5)
--- Searches - Body/Strip (26)
------ Immunity (9)
--------- School Searches (3)
------ Body Cavity (2)
--- Consent Decrees - Generally (4)
--- Fighting Words Doctrine (7)
--- Jury Trial (4)
--- False Arrrest/Malicious Prosecution (5)
------ Certificate of Innocence (2)
--- Drug Treatment Records (2)
--- Color of Law (3)
--- Medical Treatment/Expenses (6)
--- Damages - Compensatory (6)
--- Rooker-Feldman Doctrine (9)
--- Westfall Act (3)
--- Damages - Punitive (4)
--- Confessions - Coerced (3)
Sentence Enhancements/Departures (352)
--- Possession or Use of Firearms (99)
--- Reasonable Foreseeability (7)
--- Reckless Endangerment/Risk of Injury (4)
--- Schoolyard Statute/Drug Protected Locations (16)
--- Refusal to assist (5)
--- Mitigating Role/Circumstances/Evidence (15)
------ Drug Addiction (2)
--- Sexual Abuse/Harrassment/Exploitation (9)
------ Dost Factors (4)
--- Notice - Adequacy of (25)
--- Abuse of Position of Trust (31)
--- Double Counting (53)
--- Minimal/Minor Participation (11)
--- Victims - Multiple/Number of (6)
--- More than Minimal Planning (5)
--- Fencing Enhancement (10)
--- Antitrust Issues (2)
--- Special Skills (8)
--- Using a Minor to Commit a Crime (12)
--- Firearms - Brandishing, Using, etc. (11)
--- Commission of Offenses While on Release (4)
--- Benefits received (3)
--- Guns - Type of (9)
------ Machine Guns (4)
--- Unduly Influencing a Minor (4)
--- Statutory Index (5)
--- Death/Bodily Injury (5)
--- Breach of trust (2)
Specific Offense/Offender Characteristics (98)
--- Family Circumstances (50)
--- Age (6)
--- Physical Condition (19)
--- Civic/Charitable/Public Service Contributions (13)
--- Employment Record (4)
--- Education and Vocational Skills/Training (2)
Evidence - Integrity/Reliability of (29)
--- Drug Dealer/Courier Profile (16)
--- Corroboration/Corroboration Rule (4)
--- Drug-Tainted Currency (5)
--- Fragmentary Statements/Summaries (3)
--- Writings, Recordings & Photographs (4)
Grounds for Departure (333)
--- Abuse (3)
--- Aberrant Behavior (45)
------ Departures/Variances (7)
--- Sentencing Disparity (44)
------ Procedural Reasonableness (3)
--- Combination of Factors/Totality of Circumstances (27)
------ Substantially Overlapping Enhancements (3)
--- Cooperation with Local Authorities (4)
--- Extreme Conduct or Injury (17)
--- Federal-State Differences/Disparity/Conflicts (8)
--- Post-Offense Conduct (43)
------ Extraordinary Rehabilitation (5)
--- Drug Testing/Treatment Programs (54)
------ Early Release (11)
--------- 18 U.S.C. § 3583(e) (2)
------ RDAP (5)
--------- Eligibility (2)
--- Lesser Harms (15)
--- Disparity in Charging/Sentencing Practices (9)
--- Cultural Assimilation (9)
--- Drug or Alcohol Dependence (7)
--- Deterrence/Recidivism (5)
--- Heartland Departures (12)
--- Loss - Multiple Loss Causation (4)
--- Atypical conduct (3)
--- Status as an Alien (15)
--- Voluntary Disclosure of Offense (7)
--- Loss of employment (3)
--- Remorse (5)
--- Deportation/Removal/Exclusion - Waivers of/Consents to (5)
--- Public Welfare (4)
--- Criminal Conduct/Purpose (6)
--- Hardship - Extraordinary (2)
--- Disruption of Governmental Function (5)
Firearms (103)
--- Sentences - Authorized (61)
------ Stacking Mandatory Minimum Sentences (7)
------ Alternative Sentences (2)
--- Stipulations (26)
--- Civil Disabilities (5)
--- Definitions (20)
------ Imprisonment (5)
------ Non-violent offenses (3)
--- Predicate Acts/Offenses (7)
Evidence - Admissibility (211)
--- Hearsay Evidence (92)
------ Exceptions (26)
--------- Case Agents (3)
------ Co-onspirator and Accomplice Statements/Testimony (17)
------ Hearsay Evidence/Exceptions (11)
------ Statements - Out of Court (4)
------ Reliability of Evidence (3)
------ Statements Against Interest (13)
------ Declarant Unavailable Exception (17)
--------- Excited Utterance (3)
------ Records - Business/Foreign/Public, etc. (8)
------ Residual exception (4)
--- Summation (18)
------ Protecting Community Values (7)
--------- Prejudice (7)
--- Authencity/Authentication (2)
--- Gang Membership (16)
--- Impeachment (13)
--- Motive/Opportunity/Intent/Identity Evidence (19)
--- Prejudice - Potential for Undue (28)
--- Identification Evidence and Testimony (8)
--- Daubert Standards (32)
------ Fingerprint Evidence (10)
------ Reliability of Evidence/Testimony (3)
--------- Hand Printing (2)
------ Eyewitness Identification (2)
------ Ballistics Evidence (4)
--- Exclusionary Rule (29)
------ Attenuation Doctrine (3)
--- Character/Reputation/Propensity (28)
------ Sex Crimes (3)
------ Propensity Evidence (3)
------ Social Media (3)
--- Post-Complaint Evidence (6)
--- Evidence - Extrinsic (2)
--- Materiality (12)
--- Rape Shield Rule (4)
--- Civil Settlement - Effect of (6)
--- Hypnotically Refreshed Memory (2)
--- Best Evidence Rule (3)
--- Habit (2)
Sentences - Corrections or Modifications of (56)
--- Sentences - Authority to Modify (41)
--- Statement of Reasons (12)
--- Appellate Jurisdiction/Review (4)
Competency (8)
--- Collateral Order Exception (6)
Probation, Parole & Supervised Release (56)
--- Reimbursement of Costs (3)
--- Revocation Proceedings (19)
------ Guideline Amendment (8)
--------- Based on a sentencing range subsequently lowered by the Sentencing Commission (2)
--------- Type C Plea Agreement (3)
--- Right of Allocution (13)
--- Conditions of (15)
--- Special Parole (11)
Role in the Offense (55)
--- Aggravating Role (26)
--- Leader, Manager, Organizer (22)
------ Application Notes (2)
--- Otherwise Extensive (7)
Brady Rule violations (56)
--- Witnesses - Prior Statements/Testimony (14)
------ Failure to Disclose (9)
--- Perjury/Perjured Testimony (39)
--- Evidence - Failure to Disclose (9)
--- Constructive/Imputed/Presumed knowledge (2)
Implementing the Total Sentence (41)
--- Multiple/Multiplicious Counts (4)
--- Credits (24)
--- Undischarged Terms of Imprisonment (15)
Supervised Release - Conditions of (140)
--- Special Conditions (60)
------ Access to Computers/Internet (2)
------ Failure to Explain (5)
------ Medical Care/Treatment (8)
--------- Penile Plethysmograph Testing (3)
--- DNA Evidence/Testing (78)
------ Constitutional Challenges (60)
--------- DNA Analysis Backlog Elimination Act (3)
--------- Vagueness and Over-Breadth (3)
--------- Foreign Crimes/Conduct (4)
------ DNA Act (7)
--------- Pre-Trial Detainees (10)
------ Constitutional Right to DNA Testing (9)
--- Delegation of Authority (30)
--- Travel Restrictions (19)
--- Alcohol - Prohibition on use of (8)
--- Association - Right of (8)
--- Computer Use/Internet Access (5)
------ Relation to Offense of Conviction (5)
--- Occupational Restrictions (6)
Prosecutorial Misconduct (125)
--- Ex Parte and In Camera Communications (3)
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U.S. v. Stephens, No. 02-14656 (11th Cir.) (365 F.3d 967) (April 6, 2004) (Judge Gerald B. Tjoflat)
Article • May 1, 2004 •
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P&J May, 2004
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U.S. v. Stephens, No. 02-14656 (11th Cir.) (365 F.3d 967) (April 6, 2004) (Judge Gerald B. Tjoflat) by