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81 results found for RICO Report in search category NACDL Website Showing Page 1of 8 Pages: 1 2345678

RICO Report

RICO Report Barry Tarlow October 2000 56   New Trial Motions Based on Evidence of Perjury: What Standard Applies? Rule 33 of the Federal Rules of Criminal Procedure states, rather obliquely, that the district court may grant the defendant a new trial “if the interests of justice so require.” Al

By Barry Tarlow in October 2000
Category: The Champion Magazine
RICO Report

RICO Report Barry Tarlow November 2000 53 Sixth and Ninth Circuits Apply Bright-Line Rule in Rejecting Pre-Indictment Right to Counsel The Sixth Amendment provides that “[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the assistance of counsel for his defense.” In Ki

By Barry Tarlow in November 2000
Category: The Champion Magazine
RICO Report

RICO Report Barry Tarlow December 2000 56 Brady Violation of Undisclosed U.S. Customs Service Bonuses Results in Downward Departure Although not widely discussed until recently, a court's choice of remedies for a Brady violation are wider than determining whether a new trial, reversal, or dismiss

By Barry Tarlow in December 2000
Category: The Champion Magazine
RICO Report

RICO Report Barry Tarlow January/February 2001 65 Ninth Circuit Decision on Joint Defense Agreements Raises More Questions Than It Answers The Joint Defense Agreement (JDA) has become an essential feature of criminal defense practice, particularly in federal court. Targets of grand jury investiga

By Barry Tarlow in January/February 2001
Category: The Champion Magazine
RICO Report

RICO Report Barry Tarlow March 2001 49 Apprendi and CCE Apprendi v. New Jersey, 120 S. Ct. 2348 (2000), did not merely hold that defendants were entitled to jury findings on factual issues that would increase a sentence. Far more significantly, it embraced a revolutionary way of evaluating the ri

By Barry Tarlow in March 2001
Category: The Champion Magazine
RICO Report

RICO Report Barry Tarlow April 2001 49 Charlie Keating's Long, Hard Road to Freedom At the outset of his opinion affirming the grant of Charles Keating's petition for a writ of habeas corpus from his state court conviction, Judge Reinhardt observed that “most readers of this opinion will be well

By Barry Tarlow in April 2001
Category: The Champion Magazine
RICO Report

RICO Report Barry Tarlow May 2001 50 Polygraph Evidence in the Post-Daubert Era and the Admissibility of Soft Expert Testimony Judicial evaluation of the admission of polygraph evidence has followed a long and tortuous history, particularly in the Ninth Circuit. See RICO Report, The Champion (Dec

By Barry Tarlow in May 2001
Category: The Champion Magazine
RICO Report

RICO Report Barry Tarlow June 2001 51 The Highwayman Visits the Marianas: Informers Beware When confronted with the awesome power of the state, perhaps the single greatest threat to an innocent person is the false testimony of an informer who has made a deal with the prosecution. “Our judicial hi

By Barry Tarlow in June 2001
Category: The Champion Magazine
RICO Report

RICO Report Barry Tarlow July 2001 50 Legal Representation, Bad Judgment or Obstruction of Justice: No Bright Line The Supreme Court has repeatedly reaffirmed that “Lawyers in criminal cases are necessities, not luxuries.” United States v. Cronic, 466 U.S. 648 (1984), Id., at 653, quoting Gideon

By Barry Tarlow in July 2001
Category: The Champion Magazine
RICO Report

RICO Report Barry Tarlow August 2001 49   Fee Payments as 18 U.S.C. § 1957 Money Laundering Who better for the government to use as a vehicle for prompting ill-advised pronouncements of law than an unsympathetic convicted felon who surrounded himself with colorful, unsavory characters. But, wha

By Barry Tarlow in August 2001
Category: The Champion Magazine
Showing Page 1of 8 Pages: 1 2345678
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