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....
criminal procedure
Procedural due process refers to the constitutional requirement that when the federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must be given notice, the opportunity to be heard,...
The Sixth Amendment provides that a person accused of a crime has the right to confront a witness against him or her in a criminal action. This includes the right to be present at the trial (which is guaranteed by the Federal Rules of...
On July 15, 2002, police officers from the Fredericksburg, Texas Police Department arrested Walter Allen Rothgery for unlawful possession of a firearm by a felon, a third-degree felony under Texas law. See Tex. Penal Code § 46.04; Brief for Petitioner...
A search warrant is a warrant signed by a judge or magistrate authorizing a law enforcement officer to conduct a search on a certain person, a specified place, or an automobile for criminal evidence.
A search warrant...
Self-incrimination is the intentional or unintentional act of providing information that will suggest your involvement in a crime, or expose you to criminal prosecution.
The Fifth Amendment provides protection to individuals...
Codified at 18 U.S.C.A. § 3161 et seq., this act requires, among other things, a criminal defendant to be brought to trial within seventy days of either his or her indictment or first appearance in court. Certain delays are, also, automatically...
Oral argument: October 4, 2004
Appealed from: United States Court of Appeals, Seventh Circuit (Booker), United States Court of Appeals, First Circuit (Fanfan)
Does a judge’s participation in plea negotiations automatically overturn the defendant’s guilty plea, or does it only overturn the plea if the judge’s participation actually harmed...