PROSECUTIONAL MISCONDUCT

by | May 21, 2015 | Criminal Defense

PROSECUTIONAL MISCONDUCT U.S. v. Emueybunan, 208 F.3d. 377 (2001).  Statements by a prosecutor in a closing argument are not proper if they bring to the attention of the jury facts not in evidence.  When reviewing claims of prosecutional misconduct: Determine whether...

DISCOVERY

by | May 21, 2015 | Criminal Defense

DISCOVERY   DEFENDANT REQUEST   BRADY – Brady was convicted of murder.  At sentencing he testified his accomplice committed the murder.  After Brady was convicted he discovered his accomplice had told police he committed the (murder before trial).  Brady had...

WHY HEROIN?

by | Apr 20, 2015 | Criminal Defense

Heroin is made from poppy plants.  Milky opium is removed from the poppy flower.  The opium is refined to make morphine and further refined into heroin.  Many people experiment with heroin without realizing it is much more dangerous than marijuana.  People think they...

TRASH PULLS

by | Feb 20, 2015 | Criminal Defense

Trash cans are subject to warrantless searches if the citizen has no reasonable expectation of privacy. California v. Greenwood, 108 S.Ct. 1625. A closed trash can may be searched when the cans are at the curb for pick up. A trash can in the curtilage of a home cannot...