William M. McKee and Associates
Criminal Law Newsletter
MOTIONS IN ARREST OF JUDGMENT
 
When a defendant has been convicted of a criminal offense, the defendant may seek relief from his or her conviction by filing a motion in arrest of judgment. A motion in arrest of judgment suggests that the judgment has not been legally rendered. The motion may be oral or it may be in writing. Although the defendant may have a statutory right in some states to file the motion, the motion is seldom used and is rarely granted by a trial court.More...
 
NATIONAL SECURITY OFFENSES
 
The national security of the United States includes national defense, foreign intelligence, counterintelligence, international security, and foreign relations. When national security matters arise during a federal criminal prosecution, the Department of Justice must coordinate the prosecution with officials from the intelligence, military, and foreign affairs communities.More...
 
APPEALS OF FEDERAL CRIMNAL PROSECUTIONS
 
After several federal courts ruled that state bingo laws were regulatory laws that could not be enforced against Native American tribes, Congress began looking at legislation that would satisfy the interests of law enforcement agencies and that would help to alleviate the economic problems of the Native American tribes by raising revenue through bingo and gaming. As a result, Congress enacted the Indian Gaming Regulatory Act (IGRA) of 1988. More...
 
UNLAWFUL SALE OR TRANSFER OF WEAPONS
 
In some states, a person commits an offense if he or she sells, rents, leases, or lends a handgun to another person with the knowledge that the person intends to use the handgun unlawfully or intends to use the handgun in the commission of an unlawful act. A "handgun" for purposes of this offense is any firearm that is designed, made, or adapted to be fired with one hand, such as a pistol or a revolver. More...
 
Vindictive and Selective Prosecution
 
A prosecutor may violate a defendant's due process rights if they are using their decision to prosecute the defendant for purposes of retaliation. More...
 
 
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