| WAIVER OF APPEAL |
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| A defendant is entitled to waive his or her right to appeal his or her conviction by a trial court. However, the waiver must be knowingly and intelligently made by the defendant. The waiver may only be made after the defendant's right to appeal has accrued.
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| Joinder of Offenses |
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| If a defendant is charged with multiple offenses, the prosecution may file a motion to join the offenses in order for the defendant to be tried in a single proceeding. Although some prejudice may result from permitting the joinder of offenses, the judicial economy of joinder may outweigh any potential prejudice a jury may have if the defendant is charged with more than one offense. It is within a trial court's discretion to grant or deny a motion to join offenses. The defendant may also request to join her offenses; however most often the prosecution is the party seeking the join the defendant's offenses. More... |
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| Food Drug and Cosmetic Act |
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| A corporation, a corporate officer, a corporate director or a corporate employee may be charged with violating the Federal Food, Drug, and Cosmetic Act. The Act prohibits the misbranding and adulterating of food, drugs, or cosmetics. A violation of this act is generally classified as a misdemeanor. However, if the defendant violated the Act with the actual intent to defraud or mislead, the classification of the offense is elevated to a felony. More... |
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| SUCCESSIVE FEDERAL HABEAS CORPUS PETITIONS |
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| 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. More... |
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| Recusal of Judges |
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| The defendant is entitled to a fair criminal trial. In order for the defendant to be afforded a fair trial, a judge must behave in a proper manner. If the judge engages in improper behavior the defendant may request that the judge recuse himself.
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