Latest Criminal Law News
Criminal Law: Post-Conviction Relief – Waiver Of Right – Plea Agreement
Where a defendant waived his right to seek post-conviction relief under Rule 24.035 as part of plea agreement in return for a suspended execution of sentence and probation, the record showed that the waiver was knowing,
Updated: 02/24/2011 01:16P
Security Council Extends United Nations Integrated Mission in Timor-Leste for
capacity-building and strengthening of institutions in this sector, building on the recent positive developments, including the drafting and enactment of important legislation, such as the Criminal Code and the Law against Domestic Violence; "13.
Updated: 02/24/2011 01:13P
Criminal Law: Post-Conviction Motion – Timeliness
Where a defendant failed to timely file his pro se Rule 24.035 motion, the defendant waived his right to proceed with the motion, which must be dismissed. Judgment is vacated; remanded. Mackley v. State (MLW No. 61851/Case No.
Updated: 02/24/2011 01:11P
Watchdog: Said Musa Released from Afghan Prison, No Longer on Death Row
because the prosecutor has accused me under the Clause 139 of the criminal code which says, 'the crime is not cited in the criminal code, then the case has to be referred to the Islamic shariah law,'" wrote Assadullah, who is imprisoned in northern
Updated: 02/24/2011 01:00P
Criminal Law: Tribal Conviction – Prior Inconsistent Statements – Assault
(1) Where a district court in an assault case allowed admission of evidence that a defendant had prior tribal convictions for assaulting his girlfriend, the evidence was relevant to intent and to whether the girlfriend latest
Updated: 02/24/2011 12:59P
Criminal Law: Sentencing – Drug Trafficking
Where two defendants in a drug trafficking conspiracy argued that the district court committed procedural error in their resentencing, the court did not err in applying a weapon enhancement to Spotted Elk's resentencing,
Updated: 02/24/2011 12:59P
Criminal Law: Sentencing – Vacated – Valid Waiver
Where a district court vacated a defendant's sentence and ordered a resentencing hearing, the government's notice of appeal was timely filed, and the court's order is vacated because the defendant's waiver of post-conviction and
Updated: 02/24/2011 12:59P
Criminal Law: Traffic Stop – Inventory Search – Police Procedure
Where an officer observed erratic driving, he had probable cause for a traffic stop and his subjective intent to learn the driver's identity was irrelevant, and since there was no responsible person to take custody of the
Updated: 02/24/2011 12:59P
Criminal Law: Traffic Stop – Inventory Search – Pretext
Where officers did not comply with police procedures when they conducted an inventory of a defendant's vehicle following a traffic stop, there was no probable cause for a search of the vehicle and a description of the
Updated: 02/24/2011 12:59P
Criminal Law: Miranda – Double Jeopardy – Child Pornography Charges
(1)Where a defendant accompanied officers to the police station after being told that he was not under arrest and could leave at any time and the defendant confessed to possessing child pornography after a short period of
Updated: 02/24/2011 12:55P
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