» Federal Law

Third Circuit Rejects Challenge to Obamacare

Religious belief takes shape within the minds and hearts of individuals, and its protection is one of the more uniquely 'human' rights provided by the Constitution. Read More
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Accused Have Constitutional Right to Challenge Pretrial Orders Freezing Assets Needed For Counsel Fees, ABA Argues In Amicus Brief

“…[D]efendants are presumed innocent until convicted and the prosecution has no justification for punishing a defendant prior to conviction. The federal forfeiture laws confer title on the government only at final judgment, and a pretrial adversa… Read More
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U.S. Supreme Court Holds That You Do Not Have A Right To Remain Silent Unless You Explicitly Say So Before Questioning

In Salinas v. Texas, __ S. Ct. __ (June 17, 2013), No. 12-246, the United States Supreme Court held that a person who desires protection of the Fifth Amendment privilege against self-incrimination must expressly claim it immediately, prior to any que… Read More
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NOT GUILTY ON ALL COUNTS VERDICT IN FEDERAL COURT

Attorney Hope Lefeber wins federal money laundering and tax structuring jury trial in a case where an owner of a check cashing store was entrapped by a federal informant. Read More
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Double Jeopardy

Blueford v. Arkansas, 2012 WL 1868066 (May 24, 2012) Double Jeopardy Clause did not prevent retrial of defendant on all charges following mistrial based on jury deadlock – though jury had voted unanimously against conviction on cap… Read More
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Ineffective Assistance of Counsel at Plea

Missouri v. Frye, 2012 WL 932020 (March 21, 2012) In a case where defendant was not advised of plea offer with a fixed expiration date, and subsequently entered a less favorable plea: Read More
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Concurrent/Consecutive with Unimposed Sentences

Setser v. United States, 2012 WL 1019970 (Mar. 28, 2012) (1) A district court has the discretion to order that a federal sentence run consecutively to an anticipated state sentence that has not yet been impo… Read More
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Prosecutorial Misconduct

A Washington Post article today points out that in many cases over the past several decades, federal prosecutors knew that the evidence against a defendant was flawed because the science upon which the conviction had relied was not reliable – yet t… Read More
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Third Circuit Reverses Sentence Holding Sentence Enhancements Are Limited To Relevant Conduct

Kulick pled guilty to unlawful possession of a firearm. In exchange, the government dismissed other charges, including an extortion charge, dating from more than a year earlier. Nonetheless, the district court cross-referenced to the extortion guidel… Read More
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Prosecution Needs Search Warrant To Obtain Emails

Fourth Amendment Protects E-Mail From Warrantless Government Surveillance For the first time, a federal court has ruled that law enforcement must obtain a search warrant before it can search and seize a subscriber’… Read More
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