Criminal Law Newsletters

DEFENSE OF A THIRD PERSON

A defendant is entitled to use force or deadly force against another person in order to protect a third person from the other person. The defendant must show that he or she reasonably believed that the use of force was necessary to protect the third person.

Depositions

Depositions are not a discovery device for purposes of federal criminal practice. But depositions are permitted in the interests of justice or in exceptional circumstances. Further, if both parties agree, depositions may also be taken of witnesses. Either party may file a motion to take a deposition of a witness. The moving party should file its motion promptly and early in the pretrial process if possible. The moving party has the burden of showing that it is necessary to take the deposition of a witness in the interests of justice. It is within the trial court's discretion to grant or deny the request to conduct a deposition.

Ex Post Facto Laws

An ex post facto law is a law that provides for punishment for an act that was committed when the act was not illegal. Additionally, an ex post facto law includes:

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.

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.