THE VALUE OF A DIRECT VERDICT STRATEGY

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "THE VALUE OF A DIRECT VERDICT STRATEGY"

Transcription

1 THE VALUE OF A DIRECT VERDICT STRATEGY Houston Criminal Attorney John Floyd Discusses His Recent Victory by Instructed Verdict; After State Rests Judge Instructs Jury to Acquit on Charges of Sexual Assault and Find Not Guilty The John T. Floyd law firm was recently retained to represent a client in Houston charged with sexual assault pursuant to Tex. Penal Code The client is a physical therapist who operates a pain relief center in Houston, Harris County. A patient leveled the accusation that our client inappropriately fondled and inserted his finger in her vagina during a physical massage session against her consent. The District Attorney s Office requested, and received, a grand jury indictment charging our client with sexual assault which also designated him as a health care services provider. See: (b)(9). We believed our client was wrongly accused and set out to exonerate him. Our firm initiated both an extensive factual and legal investigation of the allegations contained in the indictment. It is well-established that an attorney has a fundamental duty under the Sixth Amendment to investigate both the facts and law of a case. See: Harrison v. Quarterman, 496 F.3d 419 (5 th Cir. 2007). The first area of our legal investigation began with the indictment itself. It is vitally important that any defense begin with a close examination of the charging instrument as to understand the exact elements of the governments case. All the elements of an offense must be alleged in the indictment. An indictment that tracks the statutory language of the offense is generally sufficient. See: Moreno v. State, 721 S.W.2d 295, 300 (Tex.Crim.App. 1986). Rarely will an indictment that tracks the language of the penal statute be declared legally insufficient. See: Bamhart v. State, 648 S.W.2d 696, 699 (Tex.Crim.App. 1983). The procedural vehicle for challenging the sufficiency of an indictment is a motion to quash. The Texas Court of Criminal Appeals has held that the purpose of this motion is to aprise the trial court of any defects in the charging instrument that are not obvious on its face. See: Green v. State, 533 S.W.2d 769 (Tex.Crim.App. 1976).

2 However, a successful motion to quash generally results in the District Attorney filing an amended information to correct the defect in the charging instrument. This is not a significant victory for the defense. The second area of our legal investigation turned to the statute itself offers a fertile field for legal investigation. The statute provides: (a) A person commits an offense if the person: (1) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or (C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or (2) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force or violence; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;

3 (6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; (8) the actor is a public servant who coerces the other person to submit or participate; (9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor; (10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; or (11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code. (c) In this section: (1) "Child" means a person younger than 17 years of age who is not the spouse of the actor. (2) "Spouse" means a person who is legally married to another. (3) "Health care services provider" means: (A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; (D) a physician assistant licensed under Chapter 204, Occupations Code; or (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. (4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a: (A) licensed social worker as defined by Section , Occupations Code; (B) chemical dependency counselor as defined by Section , Occupations Code; (C) licensed professional counselor as defined by Section , Occupations Code; (D) licensed marriage and family therapist as defined by Section , Occupations Code; (E) member of the clergy;

4 (F) psychologist offering psychological services as defined by Section , Occupations Code; or (G) special officer for mental health assignment certified under Section , Occupations Code. (5) "Employee of a facility" means a person who is an employee of a facility defined by Section , Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer. (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. (e) It is an affirmative defense to prosecution under Subsection (a)(2) that: (1) the actor was not more than three years older than the victim and at the time of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (B) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and (2) the victim: (A) was a child of 14 years of age or older; and (B) was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section (f) An offense under this section is a felony of the second degree, except that an offense under this section is a felony of the first degree if the victim was a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section Our client was charged under Subsection (b)(9) of as a health care services provider ; namely, a physical therapist. Subsection (c)(3)(c) imposed upon the state the essential burden of proving that our client was licensed under Chapter 453 of the Occupation Code. Christopher Carlson, my co-counsel, Billy Sinclair, my paralegal, and I faced a critical preliminary decision. We could have moved to quash the indictment because the District Attorney had charged in the indictment that our client was a licensed physical therapist, which he was not. The trial court would have conducted a hearing, forcing the State to prove the license issue. If the State could not establish the license issue, the trial court would

5 have granted the motion. The District Attorney s Office would then have amended the indictment removing the health care services provider element. We elected instead to remain silent about this issue and instead allow the State to put on their case and then to pursue a motion for directed verdict. A motion for an instructed or directed verdict is a challenge to the legal sufficiency of the evidence and is presented after the state has put on their case in chief and has rested. See: Madden v. State, 799 S.W.2d 683, 686 (Tex.Crim.App. 1987)[ A challenge to the trial judge s ruling on a motion for instructed verdict is in actuality a challenge to the sufficiency of the evidence to support the conviction. ]. This language was adopted as the rule. See: Cooke v. State, 858 S.W.2d 467, 470 (Tex.Crim.App. 1993). See also: Williams v. State, 937 S.W.2d 479, 482 (Tex.Crim.App. 1996)[motion for directed verdict is a challenge to legal sufficiency of evidence]. There are differences between a legal sufficiency and factual sufficiency challenge. See: Johnson v. State, 23 S.W.3d 1, 7 (Tex.Crim.App. 2000). A legal sufficiency challenge is viewed in a light most favorable to the prosecution when based on the claim that the State failed to prove all the essential elements of the crime charged beyond a reasonable doubt. See: King v. State, 29 S.W.3d 556, 562 (Tex.Crim.App. 2000). We researched and prepared a hard copy of a motion for directed verdict that we submitted after the State presented in its case in chief. As we had anticipated, the State did not present any evidence that our client was a licensed physical therapist under Chapter 453 of the Occupation Code. It was a fatal error by the government. The trial judge asked the District Attorney s Office if it had any evidence to establish that our client was a licensed physical therapist, and when the District Attorney s Office was unable to produce that evidence, the judge granted our motion for directed verdict and discharged the jury. After a jury has been sworn in on a case, and the defendant has been arraigned, jeapardy attaches and therefore our client could not be recharged with this offense. Though our directed verdict strategy saved the day, we had not hinged our case solely on the motion for directed verdict. We conducted an extensive factual investigation using our team of former homicide detective investigators. They beat the pavement and knocked on doors conducting interview after interview of witnesses that knew either the Defendant or the

6 complaining witness. We had several witnesses ready to give testimony that would have contradicted significant portions of the complaining witnesses testimony. We also conducted an aggressive cross-examination of the State s two witnesses: the victim and investigating officer. A post-verdict poll of the jurors revealed that our cross-examination had already created significant reasonable doubt in the minds of all the jurors. Essentially, we were going to win this case one way or another. But, in the end, it was our time-honored rule to go to the indictment and statute as the starting points of our legal investigation that carried the day. Regardless of how effective an attorney may be at cross-examination and other defensive procedures during the trial itself, it is always the legal and factual investigation before trial that prepares a defense attorney for any eventuality. In this instance, our pretrial investigation precluded us from having to subject our witnesses to cross-examination from the State and from having to make the critical decision of whether to have our client testify or not. The lesson we offer here is patience. Force the State to prove what it charges in its indictment. A motion to quash has its procedural value, but it should never be used to give the State an opportunity to amend the indictment when there is a reasonable assumption that the State cannot prove all the elements charged in that indictment.

Texas PENAL CODE CHAPTER 21. SEXUAL OFFENSES

Texas PENAL CODE CHAPTER 21. SEXUAL OFFENSES Texas PENAL CODE CHAPTER 21. SEXUAL OFFENSES 21.01. DEFINITIONS. In this chapter: (1) "Deviate sexual intercourse" means: (A) any contact between any part of the genitals of one person and the mouth or

More information

COERCION IN THE FIRST DEGREE (Class D felony) PENAL LAW 135.65(2) (Committed on or after September 1, 1967) The count is Coercion in the First Degree.

COERCION IN THE FIRST DEGREE (Class D felony) PENAL LAW 135.65(2) (Committed on or after September 1, 1967) The count is Coercion in the First Degree. COERCION IN THE FIRST DEGREE (Class D felony) PENAL LAW 135.65(2) (Committed on or after September 1, 1967) The count is Coercion in the First Degree. Under our law, a person is guilty of coercion in the

More information

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held

More information

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM Patricia A. DeAngelis District Attorney GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM AN OFFENSE IS COMMITTED There are three types of offenses that can be committed in New York State: VIOLATION MISDEMEANOR

More information

A petty offense is either a violation or a traffic infraction. Such offenses are not crimes.

A petty offense is either a violation or a traffic infraction. Such offenses are not crimes. F REQUENTLY A SKED Q UESTIONS A BOUT T HE C RIMINAL J USTICE S YSTEM WHO IS THE DISTRICT ATTORNEY? The New York State Constitution provides that the District Attorney is a public official elected by the

More information

Maricopa County Attorney s Office Adult Criminal Case Process

Maricopa County Attorney s Office Adult Criminal Case Process The following is a brief description of the process to prosecute an adult accused of committing a felony offense. Most misdemeanor offenses are handled by municipal prosecutors; cases involving minors

More information

California Law Rape Statutes

California Law Rape Statutes California Law Rape Statutes Part 1. Of Crimes and Punishments Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals Chapter 1. Rape, Abduction,

More information

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS DAVID MORALES, Appellant, V. THE STATE OF TEXAS, Appellee. O P I N I O N No. 08-05-00201-CR Appeal from the 409th District Court of El Paso County,

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MARCH 14, 2008; 2:00 P.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2007-CA-001304-MR DONALD T. CHRISTY APPELLANT v. APPEAL FROM MASON CIRCUIT COURT HONORABLE STOCKTON

More information

CRIMINAL LAW AND VICTIMS RIGHTS

CRIMINAL LAW AND VICTIMS RIGHTS Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.

More information

CAUSE NO. THE STATE OF TEXAS IN THE 49th DISTRICT COURT ZAPATA COUNTY, TEXAS

CAUSE NO. THE STATE OF TEXAS IN THE 49th DISTRICT COURT ZAPATA COUNTY, TEXAS CAUSE NO. STATE S EXHIBIT #1 THE STATE OF TEXAS IN THE 49th DISTRICT COURT VS. OF ZAPATA COUNTY, TEXAS PLEA OF GUILTY, ADMONISHMENTS, VOLUNTARY STATEMENTS, WAIVERS, STIPULATION & JUDICIAL CONFESSION (Defendant

More information

AGGRAVATED SEXUAL ASSAULT - PHYSICAL FORCE OR COERCION WITH SEVERE PERSONAL INJURY (N.J.S.A. 2C:14-2a(6))

AGGRAVATED SEXUAL ASSAULT - PHYSICAL FORCE OR COERCION WITH SEVERE PERSONAL INJURY (N.J.S.A. 2C:14-2a(6)) Revised 9/8/08 assault. Count AGGRAVATED SEXUAL ASSAULT - PHYSICAL FORCE OR COERCION WITH SEVERE PERSONAL INJURY of the indictment charges the defendant with aggravated sexual [READ COUNT OF INDICTMENT]

More information

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,

More information

Community Legal Information Association of PEI, Inc. Sexual Assault

Community Legal Information Association of PEI, Inc. Sexual Assault Community Legal Information Association of PEI, Inc. Sexual Assault As an adult in Canada, you have the right to choose when or if you engage in sexual activity. Sexual activity without your consent is

More information

CRIME VICTIM ASSISTANCE STANDARDS

CRIME VICTIM ASSISTANCE STANDARDS V I C T I M S E R V I C E S D I V I S I O N Texas Department of Criminal Justice Victim Services Division CRIME VICTIM ASSISTANCE STANDARDS 9/2015 CRIME VICTIM ASSISTANCE STANDARDS The Texas Department

More information

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench Glossary of Terms The Glossary of Terms defines some of the most common legal terms in easy-tounderstand language. Terms are listed in alphabetical order. A B C D E F G H I J K L M N O P Q R S T U V W

More information

A Federal Criminal Case Timeline

A Federal Criminal Case Timeline A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement

More information

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense)

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY THE STATE OF IOWA, Plaintiff, vs. Defendant. CRIMINAL NO. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) COMES NOW the above-named Defendant

More information

HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA

HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA The Office of Victims Rights receives many inquiries from victims about how a criminal case in Alaska is investigated by police and then prosecuted by

More information

Criminal Justice System Commonly Used Terms & Definitions

Criminal Justice System Commonly Used Terms & Definitions Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:

More information

SUPREME COURT OF LOUISIANA

SUPREME COURT OF LOUISIANA SUPREME COURT OF LOUISIANA No. 99-KA-3511 STATE OF LOUISIANA VERSUS MICHAEL GRANIER ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, HONORABLE ROBERT A. PITRE, JR., JUDGE

More information

KENTUCKY VICTIMS RIGHTS LAWS1

KENTUCKY VICTIMS RIGHTS LAWS1 CONSTITUTION STATUTES KENTUCKY VICTIMS RIGHTS LAWS1 Kentucky does not have a victims' rights amendment to its constitution. Title XXXVIII, Witnesses, Evidence, Notaries, Commissioners of Foreign Deeds,

More information

NORTH CAROLINA GENERAL STATUTES JURY SELECTION

NORTH CAROLINA GENERAL STATUTES JURY SELECTION JURY SELECTION RESOURCES FOR JUDGES Judge s Survival Guide: Criminal Jury Selection, Standard Remarks to Jurors, Judge s Survival Guide: Civil Jury Selection, Standard Remarks to Jurors School of Government

More information

Illinois CRIMINAL OFFENSES (720 ILCS 5/) Criminal Code of (720 ILCS 5/Art. 11 heading) ARTICLE 11. SEX OFFENSES

Illinois CRIMINAL OFFENSES (720 ILCS 5/) Criminal Code of (720 ILCS 5/Art. 11 heading) ARTICLE 11. SEX OFFENSES Illinois CRIMINAL OFFENSES (720 ILCS 5/) Criminal Code of 1961. (720 ILCS 5/Art. 11 heading) ARTICLE 11. SEX OFFENSES (720 ILCS 5/11-6) (from Ch. 38, par. 11-6) Sec. 11-6. Indecent solicitation of a child.

More information

Facing Assault Charges? The Leading Houston Assault Lawyer Offers a Powerful Defense

Facing Assault Charges? The Leading Houston Assault Lawyer Offers a Powerful Defense Facing Assault Charges? The Leading Houston Assault Lawyer Offers a Powerful Defense If you have been charged with Assault in Houston, you may face serious jail time. When facing criminal charges it is

More information

Part 2 Peace Officer Training and Certification Act

Part 2 Peace Officer Training and Certification Act Part 2 Peace Officer Training and Certification Act 53-6-201 Short title. This part is known as the "Peace Officer Training and Certification Act." Enacted by Chapter 234, 1993 General Session 53-6-202

More information

NO.05-09-00055-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS. JAMES PAUL DOWNEY, Appellant. THE STATE OF TEXAS, Appellee

NO.05-09-00055-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS. JAMES PAUL DOWNEY, Appellant. THE STATE OF TEXAS, Appellee NO.05-09-00055-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS JAMES PAUL DOWNEY, Appellant v. THE STATE OF TEXAS, Appellee ON APPEAL FROM THE COUNTY CRIMINAL COURT NO.9 OF DALLAS

More information

CHAPTER I DEFENDING DOMESTIC VIOLENCE OFFENSES

CHAPTER I DEFENDING DOMESTIC VIOLENCE OFFENSES Chapter I: Defending Domestic Violence Offenses CHAPTER I DEFENDING DOMESTIC VIOLENCE OFFENSES I. DOMESTIC VIOLENCE DEFINITIONS In order to be successful defending clients charged with domestic violence

More information

Criminal Law Consolidation (Rape and Sexual Offences) Amendment Act 2008

Criminal Law Consolidation (Rape and Sexual Offences) Amendment Act 2008 No 10 of 2008 assented to 17.4.2008 South Australia Criminal Law Consolidation (Rape and Sexual Offences) Amendment Act 2008 An Act to amend the Criminal Law Consolidation Act 1935; and to make related

More information

Information about the Criminal Justice System**

Information about the Criminal Justice System** 1 Victim s Guide to the Nebraska Criminal Justice System Information about the Criminal Justice System** ** Please note that the information contained in this booklet is only in relationship to felony

More information

(iii) "Physically helpless" means unconscious, asleep or otherwise physically unable to communicate unwillingness to act;

(iii) Physically helpless means unconscious, asleep or otherwise physically unable to communicate unwillingness to act; Wyoming ARTICLE 3 SEXUAL ASSAULT 6-2-301. Definitions. (a) As used in this article: (i) "Actor" means the person accused of criminal assault; (ii) "Intimate parts" means the external genitalia, perineum,

More information

Subchapter 6.600 Criminal Procedure in District Court

Subchapter 6.600 Criminal Procedure in District Court Subchapter 6.600 Criminal Procedure in District Court Rule 6.610 Criminal Procedure Generally (A) Precedence. Criminal cases have precedence over civil actions. (B) Pretrial. The court, on its own initiative

More information

Boulder County Bar Association Bar Media Manual

Boulder County Bar Association Bar Media Manual Boulder County Bar Association Bar Media Manual The following are excerpts from the Boulder County Bar Association s Bar Media Manual. A full copy of the manual is available at http://www.boulderbar.org/bar_media/index.html.

More information

The Legal System in the United States

The Legal System in the United States The Legal System in the United States At the conclusion of this chapter, students will be able to: 1. Understand how the legal system works; 2. Explain why laws are necessary; 3. Discuss how cases proceed

More information

YAVAPAI COUNTY PUBLIC DEFENDER 595 WHITE SPAR ROAD PRESCOTT, ARIZONA 86303 PHONE: (928) 771-3588 FAX: (928) 771-3413 INFORMATION BOOKLET

YAVAPAI COUNTY PUBLIC DEFENDER 595 WHITE SPAR ROAD PRESCOTT, ARIZONA 86303 PHONE: (928) 771-3588 FAX: (928) 771-3413 INFORMATION BOOKLET YAVAPAI COUNTY PUBLIC DEFENDER 595 WHITE SPAR ROAD PRESCOTT, ARIZONA 86303 PHONE: (928) 771-3588 FAX: (928) 771-3413 INFORMATION BOOKLET Table of Contents CRIMINAL PROCEDURE Initial Appearance/Bond Preliminary

More information

Senate Bill No. 86 Committee on Transportation and Homeland Security

Senate Bill No. 86 Committee on Transportation and Homeland Security Senate Bill No. 86 Committee on Transportation and Homeland Security CHAPTER... AN ACT relating to offenses; providing that counseling and evaluations required for certain offenses may be conducted in

More information

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now Criminal Court Felonies The U.S. has the highest rate of felony conviction and imprisonment of any industrialized nation. A felony crime is more serious than a misdemeanor, but the same offense can be

More information

C RIMINAL LAW O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS

C RIMINAL LAW O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S C RIMINAL LAW 1 0 1 : O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS A C RIMINAL LAW 1 0 1 Prepared

More information

CRIME VICTIM ASSISTANCE STANDARDS

CRIME VICTIM ASSISTANCE STANDARDS V I C T I M S E R V I C E S D I V I S I O N Texas Department of Criminal Justice Victim Services Division CRIME VICTIM ASSISTANCE STANDARDS Developed and distributed by the The Texas Crime Victim Clearinghouse

More information

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal

More information

Information for Crime Victims and Witnesses

Information for Crime Victims and Witnesses Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)

More information

OREGON LAWS 2014 Chap. 104 CHAPTER 104

OREGON LAWS 2014 Chap. 104 CHAPTER 104 OREGON LAWS 2014 Chap. 104 CHAPTER 104 AN ACT HB 4151 Relating to vulnerable persons; creating new provisions; amending ORS 124.050, 441.373, 441.677, 441.715 and 443.455 and section 23, chapter 70, Oregon

More information

Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/

Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/ Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/ Note that not every case goes through all of the steps outlined here. Some states have different procedures. I. Pre-Trial Crimes that would

More information

Texas Civil Commitment-Outpatient Sexually Violent Predator Treatment Program (OSVPTP) Health & Safety Code, Chapter 841

Texas Civil Commitment-Outpatient Sexually Violent Predator Treatment Program (OSVPTP) Health & Safety Code, Chapter 841 Texas Civil Commitment-Outpatient Sexually Violent Predator Treatment Program (OSVPTP) Health & Safety Code, Chapter 841 U.S. History There have been a number of high profile sexually violent crimes that

More information

General District Courts

General District Courts General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance

More information

(2) If you have no other information regarding his mental illness, you might contact the county mental health coordinator at 214 875 2323

(2) If you have no other information regarding his mental illness, you might contact the county mental health coordinator at 214 875 2323 CHECKLIST FOR DEFENDANTS WITH MENTAL HEALTH ISSUES IN DALLAS (see below for more information and for defense attorneys outside Dallas County) (1) What is the diagnosed mental illness? The defense attorney

More information

CONSTITUTIONAL RIGHTS

CONSTITUTIONAL RIGHTS RIGHTS OF THE CRIMINALLY ACCUSED GENERAL LEGAL RIGHTS CHAPTER 10 INTRODUCTION Constitutional rights relating to American criminal law are the same for all adult persons, whether they have a disability

More information

Title 17-A: MAINE CRIMINAL CODE

Title 17-A: MAINE CRIMINAL CODE Title 17-A: MAINE CRIMINAL CODE Chapter 35: SEX TRAFFICKING, PROSTITUTION AND PUBLIC INDECENCY Table of Contents Part 2. SUBSTANTIVE OFFENSES... Section 851. DEFINITIONS... 3 Section 852. AGGRAVATED SEX

More information

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant

More information

court. However, without your testimony the defendant might go unpunished.

court. However, without your testimony the defendant might go unpunished. Office of State Attorney Michael J. Satz VICTIM RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: CRIMINAL JUSTICE PROCESS The stages of the criminal justice system are as follows: We realize that for

More information

11.00. ASSAULT, BATTERY, AND RELATED CRIMES. 11.01 Definition Of Assault. Committee Note

11.00. ASSAULT, BATTERY, AND RELATED CRIMES. 11.01 Definition Of Assault. Committee Note 11.00. ASSAULT, BATTERY, AND RELATED CRIMES 11.01 Definition Of Assault A person commits the offense of assault when he [ (knowingly) (intentionally) ] [without lawful authority] engages in conduct which

More information

Title 17-A: MAINE CRIMINAL CODE

Title 17-A: MAINE CRIMINAL CODE Title 17-A: MAINE CRIMINAL CODE Chapter 2: CRIMINAL LIABILITY; ELEMENTS OF CRIMES Table of Contents Part 1. GENERAL PRINCIPLES... Section 31. VOLUNTARY CONDUCT (REPEALED)... 3 Section 32. ELEMENTS OF CRIMES

More information

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS O P I N I O N

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS O P I N I O N COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS IN THE MATTER OF THE EXPUNCTION OF A.G. O P I N I O N No. 08-12-00174-CV Appeal from 171st District Court of El Paso County, Texas (TC # 2012-DVC02875)

More information

Tarrant County College Police Department

Tarrant County College Police Department Tarrant County College Police Department VICTIM ASSISTANCE An Assistance Program for Victims and Family Survivors of Violent Crimes Tarrant County College The Tarrant County College District Police Department

More information

WHAT IS SEALING OF A RECORD?

WHAT IS SEALING OF A RECORD? WHAT IS SEALING OF A RECORD? It is the Court process that allows you to have any and all official records of your prior criminal conviction or dismissal sealed. Once a record is sealed, nothing will show

More information

Sexual Assault of a Child VOIR DIRE QUESTIONS

Sexual Assault of a Child VOIR DIRE QUESTIONS ATTORNEYS Sexual Assault of a Child VOIR DIRE QUESTIONS 1. What are your feelings or opinions about criminal defense attorneys? 2. Have you ever had a bad experience with a criminal defense attorney? If

More information

The Court Process. Understanding the criminal justice process

The Court Process. Understanding the criminal justice process Understanding the criminal justice process Introduction Missouri law establishes certain guarantees to crime victims, including participation in the criminal justice system. Victims can empower themselves

More information

Policy on Sexual Assault, Stalking, Dating Violence, and Domestic Violence

Policy on Sexual Assault, Stalking, Dating Violence, and Domestic Violence Administrative Regulation 6:2 Responsible Office: Title IX Coordinator / VP Student Affairs Date Effective: 12/3/2014 Supersedes Version: 9/30/2014 (Interim) Policy on Sexual Assault, Stalking, Dating

More information

MARK PEREZ, APPELLANT THE STATE OF TEXAS, APPELLEE STATE S BRIEF

MARK PEREZ, APPELLANT THE STATE OF TEXAS, APPELLEE STATE S BRIEF Nos. 05-11-01575-CR and 05-11-01576-CR The State Waives Oral Argument 5th Court of Appeals FILED: 06/04/2012 14:00 Lisa Matz, Clerk IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS MARK

More information

STATE OF OHIO ) CASE NO. CR 12 562192 ) Plaintiff, ) JUDGE JOHN P. O DONNELL ) vs. ) ) MATTHEW McMULLEN ) JOURNAL ENTRY ) Defendant.

STATE OF OHIO ) CASE NO. CR 12 562192 ) Plaintiff, ) JUDGE JOHN P. O DONNELL ) vs. ) ) MATTHEW McMULLEN ) JOURNAL ENTRY ) Defendant. IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO STATE OF OHIO CASE NO. CR 12 562192 Plaintiff, JUDGE JOHN P. O DONNELL vs. MATTHEW McMULLEN JOURNAL ENTRY Defendant. John P. O Donnell, J.: STATEMENT

More information

Morgan County Prosecuting Attorney Debra MH McLaughlin

Morgan County Prosecuting Attorney Debra MH McLaughlin Morgan County Prosecuting Attorney Debra MH McLaughlin Directions: From Fairfax Street Entrance, Enter Main Door, turn Right through door, up the narrow staircase. Office is at top of steps. (Old Circuit

More information

2015 IL App (1st) 133050-U. No. 1-13-3050 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 133050-U. No. 1-13-3050 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 133050-U FIFTH DIVISION September 30, 2015 No. 1-13-3050 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited

More information

64th Legislature AN ACT GENERALLY REVISING LAWS REGARDING SEX OFFENDER REGISTRATION; REQUIRING THE

64th Legislature AN ACT GENERALLY REVISING LAWS REGARDING SEX OFFENDER REGISTRATION; REQUIRING THE 64th Legislature HB0088 AN ACT GENERALLY REVISING LAWS REGARDING SEX OFFENDER REGISTRATION; REQUIRING THE OFFENDER TO PROVIDE E-MAIL ADDRESSES AND SOCIAL MEDIA SCREEN NAMES WHEN REGISTERING; REQUIRING

More information

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY People make mistakes, especially young people. Juvenile lawyer Bryce Fetter believes children should get a second chance through rehabilitation rather

More information

First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP

First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-00.01 Richard Sweetman x HOUSE BILL 1- HOUSE SPONSORSHIP Saine and McCann, Cooke and Johnston, SENATE SPONSORSHIP

More information

NC General Statutes - Chapter 15A Article 48 1

NC General Statutes - Chapter 15A Article 48 1 SUBCHAPTER IX. PRETRIAL PROCEDURE. Article 48. Discovery in the Superior Court. 15A-901. Application of Article. This Article applies to cases within the original jurisdiction of the superior court. (1973,

More information

June 5, 2014. Re: State v. Mark E. Dean Def. I.D. No. 01303009234. I am called upon here to rule on a dispute between the defendant Mark E.

June 5, 2014. Re: State v. Mark E. Dean Def. I.D. No. 01303009234. I am called upon here to rule on a dispute between the defendant Mark E. SUPERIOR COURT OF THE STATE OF DELAWARE CHARLES E. BUTLER JUDGE NEW CASTLE COUNTY COURTHOUSE 500 NORTH KING STREET Suite 10400 WILMINGTON, DE 19801 PHONE: (302) 255-0656 FAX: (302) 255-2274 Zachary Rosen,

More information

EXPERT WITNESS TESTIMONY IN DOMESTIC VIOLENCE CASES

EXPERT WITNESS TESTIMONY IN DOMESTIC VIOLENCE CASES EXPERT WITNESS TESTIMONY IN DOMESTIC VIOLENCE CASES A multi-disciplinary approach to systems change and offender accountability Megan Widman, MSW Director of Social Action, HAVEN Co-Chair, Oakland County

More information

II. Capital Punishment in Arizona

II. Capital Punishment in Arizona II. Capital Punishment in Arizona History In Furman v. Georgia, 408 U.S. 238 (1972), the United States Supreme Court held that the death penalty as administered violated the United States Constitution

More information

INDIANA OPERATING WHILE INTOXICATED STATUTES

INDIANA OPERATING WHILE INTOXICATED STATUTES INDIANA OPERATING WHILE INTOXICATED STATUTES IC 9-30-5 Chapter 5. Operating a Vehicle While Intoxicated IC 9-30-5-1 Class C misdemeanor; defense Sec. 1. (a) A person who operates a vehicle with an alcohol

More information

Glossary of Court-related Terms

Glossary of Court-related Terms Glossary of Court-related Terms Acquittal Adjudication Appeal Arraignment Arrest Bail Bailiff Beyond a reasonable doubt Burden of proof Capital offense Certification Charge Circumstantial evidence Citation

More information

2015 IL App (3d) 140252-U. Order filed December 17, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015

2015 IL App (3d) 140252-U. Order filed December 17, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (3d 140252-U Order filed

More information

STATE OF OHIO ) CASE NO. CR 12 566449 ) Plaintiff, ) JUDGE JOHN P. O DONNELL ) vs. ) ) LONNIE CAGE ) JOURNAL ENTRY ) Defendant )

STATE OF OHIO ) CASE NO. CR 12 566449 ) Plaintiff, ) JUDGE JOHN P. O DONNELL ) vs. ) ) LONNIE CAGE ) JOURNAL ENTRY ) Defendant ) IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO STATE OF OHIO ) CASE NO. CR 12 566449 ) Plaintiff, ) JUDGE JOHN P. O DONNELL ) vs. ) ) LONNIE CAGE ) JOURNAL ENTRY ) Defendant ) John P. O Donnell, J.:

More information

Criminal Justice 101 (Part II) Grand Jury, Trial, & Sentencing. The Charging Decision. Grand Jury 5/22/2014. Misdemeanors v.

Criminal Justice 101 (Part II) Grand Jury, Trial, & Sentencing. The Charging Decision. Grand Jury 5/22/2014. Misdemeanors v. Criminal Justice 101 (Part II) Grand Jury, Trial, & Sentencing Presented at: Office of the Attorney General 2014 Texas Crime Victim s Services Conference Transformations: Building Community Networks Grand

More information

Criminal Justice System Glossary of Terms

Criminal Justice System Glossary of Terms Criminal Justice System Glossary of Terms Terms included in this glossary of terms are adapted from the Victims Rights Education Toolkit. The justice system uses specific terms to represent processes,

More information

Purpose of the Victim/Witness Unit

Purpose of the Victim/Witness Unit Purpose of the Victim/Witness Unit The Victim/Witness Assistance Division of the Lake County State s Attorney s Office was formed to serve the needs of people like you. The division is meant to ensure

More information

Chapter 13 Procedure (Last Updated: May 13, 2013) Chapter 13.A Speedy Trial Chapter 13.B Recorded Interrogations

Chapter 13 Procedure (Last Updated: May 13, 2013) Chapter 13.A Speedy Trial Chapter 13.B Recorded Interrogations Chapter 13 Procedure (Last Updated: May 13, 2013) Chapter 13.A Speedy Trial Chapter 13.B Recorded Interrogations Chapter 13.A Procedure Speedy Trial (Last Updated: May 13, 2013) 29-1207. Trial within six

More information

COURT OF APPEALS THIRD APPELLATE DISTRICT CRAWFORD COUNTY. v. O P I N I O N. CHARACTER OF PROCEEDINGS: Criminal Appeal from Common Pleas Court.

COURT OF APPEALS THIRD APPELLATE DISTRICT CRAWFORD COUNTY. v. O P I N I O N. CHARACTER OF PROCEEDINGS: Criminal Appeal from Common Pleas Court. [Cite as State v. Sessler, 2007-Ohio-4931.] COURT OF APPEALS THIRD APPELLATE DISTRICT CRAWFORD COUNTY STATE OF OHIO, CASE NUMBER 3-06-23 PLAINTIFF-APPELLEE, v. O P I N I O N KIRK SESSLER, DEFENDANT-APPELLANT.

More information

IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS STATE OF MISSOURI., ) ) Plaintiff, ) ) Cause No. vs. ) ) Division No., ) ) Defendant.

IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS STATE OF MISSOURI., ) ) Plaintiff, ) ) Cause No. vs. ) ) Division No., ) ) Defendant. IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS STATE OF MISSOURI, ) ) Plaintiff, ) ) Cause No. vs. ) ) Division No., ) ) Defendant. ) DEFENDANT S INTERROGATORIES DIRECTED TO PLAINTIFF COMES NOT defendant,

More information

Chapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition)

Chapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition) Chapter 813 2013 EDITION Driving Under the Influence of Intoxicants GENERAL PROVISIONS 813.010 Driving under the influence of intoxicants; penalty 813.011 Felony driving under the influence of intoxicants;

More information

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) )

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) PETITION TO ENTER A PLEA OF GUILTY (Misdemeanor) I,, respectfully represent

More information

76th Legislature SEX OFFENDER LAWS: SUMMARY OF CHANGES

76th Legislature SEX OFFENDER LAWS: SUMMARY OF CHANGES SENATE RESEARCH CENTER Prepared for Senator Florence Shapiro and Senator John Whitmire 76th Legislature SEX OFFENDER LAWS: SUMMARY OF CHANGES By: Todd E. Reimers & Tammy L. Edgerly October 1999 Cover design

More information

If you are in doubt, or think you may not be qualified to serve on a jury for one of the above or any other reasons, please notify the judge.

If you are in doubt, or think you may not be qualified to serve on a jury for one of the above or any other reasons, please notify the judge. Jurors are randomly selected by the county computer system from a source which combines current Medina County voter registration list and residents of the county that hold a valid Texas drivers license

More information

230 April 17, 2013 No. 142 IN THE COURT OF APPEALS OF THE STATE OF OREGON. STATE OF OREGON, Plaintiff-Respondent,

230 April 17, 2013 No. 142 IN THE COURT OF APPEALS OF THE STATE OF OREGON. STATE OF OREGON, Plaintiff-Respondent, 230 April 17, 2013 No. 142 IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Respondent, v. ROBERT HENRY MATHER, JR., Defendant-Appellant. Lane County Circuit Court 200920884; A144793

More information

As Amended by Senate Committee SENATE BILL No. 408

As Amended by Senate Committee SENATE BILL No. 408 Session of As Amended by Senate Committee SENATE BILL No. 0 By Committee on Corrections and Juvenile Justice - 0 AN ACT concerning abuse, neglect and exploitation of persons; relating to reporting and

More information

42 4 1301. Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties.

42 4 1301. Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties. 42 4 1301. Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties. (1) (a) It is a misdemeanor for any person who is under the influence of alcohol

More information

OLMSTED COUNTY ATTORNEY DOMESTIC ABUSE PROSECUTION POLICY POLICY STATEMENT:

OLMSTED COUNTY ATTORNEY DOMESTIC ABUSE PROSECUTION POLICY POLICY STATEMENT: OLMSTED COUNTY ATTORNEY DOMESTIC ABUSE PROSECUTION POLICY POLICY STATEMENT: It is the policy of the Olmsted County Attorney to pursue all domestic abuse allegations with zealous, yet discretionary prosecution

More information

Modern Slavery Act 2015

Modern Slavery Act 2015 Modern Slavery Act 2015 CHAPTER 30 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 14.25 Modern Slavery Act 2015 CHAPTER 30 CONTENTS PART 1

More information

MISSISSIPPI COURT OF APPEALS OPINIONS HAND DOWN DATE: 3/15/2016

MISSISSIPPI COURT OF APPEALS OPINIONS HAND DOWN DATE: 3/15/2016 MISSISSIPPI COURT OF APPEALS OPINIONS HAND DOWN DATE: 3/15/2016 CULBERSON v. CULBERSON, NO. 2014-CA-01465-COA Civil http://courts.ms.gov/images/opinions/co110873.pdf Topics: Trial Judge: Trial Court: Attorney(s)

More information

Responsible for prosecuting all criminal and traffic cases within Mecklenburg County

Responsible for prosecuting all criminal and traffic cases within Mecklenburg County Memo from District Attorney Andrew Murray on Impacts Related to Reductions or Elimination of City funded services to the District Attorney s Office and Court System At the May 13, 2015 Budget Adjustments

More information

PUBLIC ACCESS TO COURT RECORDS, JERRY SANDUSKY, & OTHER INTERESTING ISSUES. David S. Price Staff Counsel Administrative Office of Pennsylvania Courts

PUBLIC ACCESS TO COURT RECORDS, JERRY SANDUSKY, & OTHER INTERESTING ISSUES. David S. Price Staff Counsel Administrative Office of Pennsylvania Courts PUBLIC ACCESS TO COURT RECORDS, JERRY SANDUSKY, & OTHER INTERESTING ISSUES David S. Price Staff Counsel Administrative Office of Pennsylvania Courts SANDUSKY - TWEETING FROM THE COURTROOM 2 SANDUSTY TWEETING

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION UNITED STATES OF AMERICA v. CRIMINAL ACTION H-00-0000 DEFENDANT(S) JURY INSTRUCTIONS I. General A. Introduction Members of the Jury:

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

NEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS No. 12-12

NEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS No. 12-12 NEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS No. 12-12 A LAWYER IS NOT PROHIBITED BY THE RULES OF PROFESSIONAL CONDUCT FROM SIMULTANEOUSLY SERVING AS PART-TIME COUNTY ATTORNEY OF ONE NEBRASKA COUNTY AND

More information

THE MINNESOTA LAWYER

THE MINNESOTA LAWYER THE MINNESOTA LAWYER September 6, 2004 MN Court of Appeals Allows Testimony on Battered-Woman Syndrome By Michelle Lore A District Court judge properly allowed an expert on battered-woman syndrome to testify

More information

CURRENTLY 1,063 EXONERATIONS

CURRENTLY 1,063 EXONERATIONS SignIn Exoneration Case Detail A JOINT PROJECT OF MICHIGAN LAW & NORTHWESTERN LAW CURRENTLY 1,063 EXONERATIONS BROWSE CASES CONTACT US LEARN MORE LINKS NEWS Dale Duke State: County: Texas Dallas In 1992,

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED OF FLORIDA SECOND DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED OF FLORIDA SECOND DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT MARK LEE GIBSON, Appellant, v. Case No. 2D01-497 STATE OF FLORIDA,

More information

BEXAR COUNTY CRIMINAL DISTRICT COURTS PLAN STANDARDS AND PROCEDURES RELATED TO APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS

BEXAR COUNTY CRIMINAL DISTRICT COURTS PLAN STANDARDS AND PROCEDURES RELATED TO APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS BEXAR COUNTY CRIMINAL DISTRICT COURTS PLAN STANDARDS AND PROCEDURES RELATED TO APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS The following Local Rules replace the current local rules, Part 5, Section

More information

JUROR S MANUAL (Prepared by the State Bar of Michigan)

JUROR S MANUAL (Prepared by the State Bar of Michigan) JUROR S MANUAL (Prepared by the State Bar of Michigan) Your Role as a Juror You ve heard the term jury of one s peers. In our country the job of determining the facts and reaching a just decision rests,

More information