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Criminal Law

Age, circumstances of victims admissible in fraud case (access required)

In a case where the defendant is alleged to have defrauded elderly victims, the age and financial circumstances were admissible at trial to support the government’s theory that the scheme targeted unsophisticated investors. Background Raeann Gibson is charged with multiple ...

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Wife played no role in money laundering, verdicts overturned (access required)

Where the evidence was insufficient for the jury to find that a wife knew funds were proceeds from unlawful activity, the money laundering and conspiracy convictions against her cannot be sustained. Background Micro-Enterprise Management Group was created purportedly for the ...

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Evidence of possible robbery prep won’t support convictions (access required)

Evidence that showed only possible preparation for a robbery and not that a planned robbery was imminent is insufficient to sustain a conviction for attempted robbery and the related conviction for use of firearm. Background At about 5:45 a.m. on ...

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Excluded witnesses’ testimony not material (access required)

Although testimony of a scientist who found the synthetic cannabinoids in the spices made by defendants were not analogous to controlled substances would have been favorable to the defendants, his testimony was cumulative and would not have had a “reasonable ...

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Trial court erred by refusing to give self-defense instruction (access required)

A jury convicted Thomas Lienau of involuntary manslaughter. The court reversed, holding it was error to not give the jury a self-defense instruction when such an instruction was requested by Lienau and supported by the facts. Background Lienau owned a ...

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