Newsletters
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.
Judicial Review of Disputed Jencks Act Materials
Upon a motion by the defendant, the Jencks Act requires the Government to disclose a witness's prior statement directly relating to the witness's direct testimony. It is also required that the Government must be in possession of the prior statement. There must be a direct link between the prior statement requested and the witness's direct testimony.
FALSE STATEMENT TO OBTAIN PROPERTY OR CREDIT
A person commits the offense of a false statement to obtain property or credit when he or she intentionally or knowingly makes a materially false or misleading statement to obtain property or credit on behalf of himself or herself or on behalf of another person. The false or misleading statement must be in writing.
CRIMINAL INSTRUMENTS & TOOLS
A person commits an offense if he or she possesses criminal instruments or tools with the intent to use the criminal instruments or tools in the commission of a crime. A person also commits the offense of criminal instruments and tools if he or she manufactures, sells, or adapts criminal instruments or tools, with the intent to use, to aid in the use, or to permit another person to use the criminal instruments or tools in the commission of a crime.
SUCCESSIVE FEDERAL HABEAS CORPUS PETITIONS
When a state prisoner has previously filed a federal habeas corpus petition that has been denied on the merits, federal courts will generally not consider another petition or a successive petition that is filed by the prisoner. The rationale for this policy is that the federal habeas corpus process should not be abused.
