Archive for the ‘Federal Law’ Category

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Batson Challenge

In criminal court, every defendant is granted a speedy and public trial with an impartial jury of his or her own peers. What does an impartial jury of his or her own peers necessarily mean? The 6th amendment of the United States constitution doesn’t exactly state that a person is entitled to a jury of […]

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Federal Halfway Houses

At the end of March, Attorney General Eric Holder announced some new policies for federal halfway houses.  Federal halfway houses are used by tens of thousands of prisoners to ease the transition from prison back into society.  Some of the changes Holder announced include: Permitting cell phone use to inmates Providing funds for transportation Expanding […]

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Search Warrants, the Fourth Amendment and Your Home

Clients often ask me whether the search conducted on their home and/or property was legal.  This blog will provide an overview of the Fourth Amendment prohibition against unreasonable searches and seizures. The Fourth Amendment applies when a person has a “reasonable expectation of privacy” in the area that is searched.  The area extends to the […]

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Rule of Lenity

In January, the U.S. Supreme Court applied the rule of lenity in a criminal case.  The rule of lenity is a rule of statutory construction that resolves ambiguities in statutory language in favor of the defendant.   The case involved a defendant who was convicted of selling heroin to a user, who then died.  The […]

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