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Criminal Law

Defendant’s prior conviction on similar offense was admissible (access required)

Prior convictions involving the defendant’s exposing himself to the significantly younger minor child of a female acquaintance while using a vehicle to facilitate the offense was admissible as proof of his propensity to commit the crime charged. Background On July ...

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Diagnosis not required for sexually dangerous person designation (access required)

Defendant was properly designated as a sexually dangerous person despite not being diagnosed with a paraphilic disorder because his diagnosis of a mixed personality disorder and an alcohol use disorder satisfied the statute’s mental illness requirement and the government sufficiently ...

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Annual insanity review statute constitutional (access required)

The statute providing for annual review of a defendant’s involuntary confinement after being found not guilty by reason of insanity satisfies due process under Foucha v. Louisiana, 504 U.S. 71 (1992). The statute requires both a showing of mental illness ...

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Physician convicted of drug conspiracy charges (access required)

Through expert testimony, documentary evidence and testimony from the physician’s own employees, the government established a physician prescribed controlled substances without a legitimate medical purpose. The court denied the physician’s motions for acquittal and a new trial. Background A jury ...

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