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Home / Opinion Digests / Criminal – Enhanced Drug Penalties – Procedural Default – 'Before Trial' (access required)

Criminal – Enhanced Drug Penalties – Procedural Default – 'Before Trial' (access required)

A defendant subjected to enhanced penalties for repeat drug offenders cannot for the first time on appeal challenge application of the penalties on the ground the government's "information" requesting enhanced penalties - filed a week after the jury was selected but two weeks before the jury was sworn - was not filed "before trial" as ...