criminal law

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Petitioner Joseph Percoco served as Executive Deputy Secretary under former Governor Andrew Cuomo from 2011 until 2016, except for eight months in 2014 while Percoco ran the Governor’s reelection campaign. United States v. Percoco at 5. This position...

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Pinkerton liability allows an actor to be held liable for substantive crimes committed by his coconspirators in certain circumstances. A defendant can be held vicariously liable for a substantive offense committed by another member of a conspiracy if...

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Overview

Many successful criminal prosecutions in the United States end not with jury trials, but with plea bargains. Plea bargains are agreements between defendants and prosecutors in which defendants agree to plead guilty to some or all of the...

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The admonishments and advisements given by a judge to a criminal defendant prior to accepting a plea of guilty or nolo contendere. The plea colloquy is intended to ensure that the defendant is making the plea knowingly, intelligently and voluntarily....

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A presumption of innocence means that any defendant in a criminal trial is assumed to be innocent until they have been proven guilty. As such, a prosecutor is required to prove beyond a reasonable doubt that the person committed the crime if that...

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Prima facie is Latin for "at first sight."

Overview

Prima facie may be used as an adjective meaning "sufficient to establish a fact or raise a presumption unless disproved or rebutted." An example of this would be to use the term "prima...

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A proffer is a mechanism to offer or present evidence at trial for immediate acceptance or rejection. In State v. Boyd, 25 P.3d 985, the court held that “proffer is a mechanism by which a party may create an appellate record of what the...

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In July 2002, petitioner James Benjamin Puckett was charged in the United States District Court for the Northern District of Texas for bank robbery and use of a firearm in the commission of a crime of violence. See U.S. v. Puckett, 505 F.3d 377, 381 (...

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Jean Francois Pugin is a Mauritius citizen and lawful permanent resident of the United States. Pugin v. Garland at 2. Pugin pled guilty to being an accessory after the fact to a felony under Virginia law in 2014. Id. Pugin received a twelve-month...

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Petitioner Jamar Alonzo Quarles pleaded guilty in the United States District Court for the Western District of Michigan to one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). United States v. Quarles at 837....

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