The Jencks Act – The Ethical, Effective Assistance of Counsel
The Jencks Act and Defending Federal Criminal Cases The origins of this Act are in a 1957 U.S. Supreme Court case called Jencks v. United States, 353 U.S. 657 (1957).…
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The Jencks Act and Defending Federal Criminal Cases The origins of this Act are in a 1957 U.S. Supreme Court case called Jencks v. United States, 353 U.S. 657 (1957).…
Reichle v. Howards (2012) – Retaliatory Prosecution Claims Against Government Officials –1st Amendment By John R. Vile In Reichle v. Howards, 566 U.S. 658 (2012), the U.S. Supreme Court held…
What is Abuse of Process? Abuse of process is the intentional misuse of legal proceedings for a wrongful or unlaProbable cause is defined as the reasonable belief, foundedwful purpose. It…
What’s the Difference between Abuse of Process and Malicious Prosecution? Which of the following cases fits into the tort of abuse of process? and… Which of the following cases fits…
VINDICTIVE AND SELECTIVE PROSECUTION WHAT IS VINDICTIVE PROSECUTION? Vindictive prosecution is when a prosecutor violates a defendant’s due process rights and if they are using their decision to prosecute the…
Hartman v. Moore (2006) – Retaliatory Prosecution Claims Against Government Officials – 1st Amendment By David L. Hudson Jr. Hartman v. Moore, 547 U.S. 250 (2006), is a decision by…
Frivolous, Meritless or Malicious Prosecution An attorney has a fiduciary duty to his client, meaning that a relation “exist between parties to a transaction wherein one of the parties is…
4 years later, defiant NJ gym owner declares a win over Murphy` Four years and six figures in fines after COVID, the New Jersey gym owners who battled state pandemic…
Thomp$on v. Clark – Maliciou$ Pro$ecution The Evil / Incompetent Prosecutor performing meritle$$ ca$e$ against his fiduciary duty § 42 U.S.C. 1983 for malicious prosecution Thompson v. Clark United States…
Malicious Prosecution Actions Arising Out Of Family Law Proceedings: Proceed Carefully As a general rule, California malicious prosecution actions are dicey propositions insofar as they always subject the plaintiff to…