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Digging into historic legal cases is one way of learning how history gets made. The tragic case of The United States vs. Shipp pulses with important firsts yet is not studied in law school, nor has it been given any historical place in the courts or in the minds of citizens. I find this case […]
I recently came across an historical criminal case which many criminal attorneys do not know about. This case still has precedential value today 116 years later. It is the only criminal case argued in front of the U.S. Supreme Court since the Supreme Court began over 240 years ago. This case is one that criminal […]
With so much focus in the past few years on cases in which the defendants claimed self-defense, I thought I would discuss the basics of this claim. I will explain in general terms, but my experience is in Indians, so keep in mind that every state has laws that may differ in terms of when […]
Most people are familiar with the Miranda Warnings from TV shows. Just about everyone can recite them verbatim: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will […]
What happens when you undergo a trial and get convicted? If you face this issue and live in Indiana, there are still a few options for you! One option is to appeal the determination at an Intermediate Court of Appeals before moving to individual Supreme Courts. This is called a direct appeal. This appeal needs […]
In a broad sense, some refer to forfeitures as “legalized theft.” Essentially, it’s a tool that law enforcement officers can use to seize otherwise legally held property if they believe it was used in the commission of a crime or was purchased with the proceeds from the crime. The best intention of the law was […]
The Sixth Amendment of the Constitution, it states that in all criminal prosecutions, the accused will enjoy the right to a speedy and public trial by an impartial jury. But what does that really mean? Most people think a fast and speedy trial means entitled to a short trial. It actually refers to the defendant’s […]
Shoplifting is a classic scene in coming-of-age movies—a young person pockets some candy or a toy but is waylaid by the store owner as they attempt to get away with the goods. Or the parent finds out first and marches their child back to the crime scene to make amends. Maybe you’ve been through this […]
If you are a commercial truck driver by trade and charged with driving under the influence (DUI), you are likely overwhelmed with emotions, including fear about your future. Will you lose your license? Will you lose your job? Will your family be able to recover from this regretful event? Let’s take a closer look at […]
There’s a reason that people in police custody try to shield their faces from paparazzi and prying eyes while doing the “perp walk.” It’s humiliating to be shackled, duck into the back of a squad car, or pass through a phalanx of TV cameras as they enter a courthouse. The emotional impact of being arrested […]