| PRETRIAL CONTINUANCES |
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| A continuance is an adjournment or a postponement of a case. A continuance may be sought by either the prosecution or the defense in a criminal case. The continuance may be sought before a trial or during the trial.More... |
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| OBTAINING CONTROLLED SUBSTANCES BY FRAUD |
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| A person commits an offense when he or she acquires, obtains, or attempts to obtain possession of a controlled substance by misrepresentation, fraud, or forgery. The person obtains a controlled substance by fraud when the person forges or alters a prescription for the controlled substance.More... |
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| Judicial Review of Disputed Jencks Act Materials |
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| Upon a motion by the defendant, the Jencks Act requires the Government to disclose a witness's prior statement directly relating to the witness's direct testimony. It is also required that the Government must be in possession of the prior statement. There must be a direct link between the prior statement requested and the witness's direct testimony.
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| CONFESSIONS - WAIVER OF RIGHTS |
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| A confession must be voluntary in order to be admitted into evidence in a criminal proceeding. When a person makes a confession, he or she is waiving his or her right against self-incrimination under the Fifth Amendment of the United States Constitution. The person may also be waiving his or her right to counsel under the Sixth Amendment of the United States Constitution.
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| FEDERAL HABEAS CORPUS APPEALS |
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| A final order by a federal district court judge in a federal habeas corpus proceeding may generally be appealed to a federal appellate court. However, the appeal is not a matter of right. A state prisoner who is seeking to appeal the denial of his or her petition for federal habeas corpus relief must obtain a "certificate of appealability" from a federal judge. In order to receive the certificate, the prisoner must show that he or she was denied a federal constitutional right. More... |
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