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Criminal Law

Prior convictions of similar conduct are admissible (access required)

Prior convictions for fraud, embezzlement and misdemeanor use of identifying information were admissible in the trial of a woman charged with wire and bank fraud and the preparation of false tax returns because both involve her untruthfulness for personal gain. ...

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Insufficient evidence of possession in drug case (access required)

Even though the police discovered documents and court papers bearing appellant’s name in an apartment bedroom, there was insufficient evidence that appellant constructively possessed marijuana and Xanax that was also found in the bedroom. His possession with intent to distribute ...

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Victim’s civil counsel had conflict as private prosecutor (access required)

The trial court erred by allowing an attorney to serve as a private prosecutor in appellant’s criminal assault trial while simultaneously representing the complaining witness in a civil matter involving appellant. The simultaneous representation was a conflict of interest that ...

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Sentence reduced under First Step Act (access required)

Where the defendant was sentenced to life for conspiracy to distribute cocaine under then-mandatory sentencing guidelines, made extraordinary efforts to rehabilitate himself and develop skills and had the support of loved ones to ensure successful re-entry into society, his sentence ...

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Bond hearing ordered for detainee in prolonged detention (access required)

Where the defendant has been held for more than one year without a bond hearing, his prolonged detention raises due process concerns. A hearing was ordered, where the government bears the burden of justifying his continued detention by clear and ...

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Sentence backed by record, even without upward variance (access required)

Where a court may have erred in applying a four-level enhancement and upwardly departing from the guidelines when imposing a sentence for possession of a firearm in connection with another felony, the decision was affirmed because the record showed the ...

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