| NUNC PRO TUNC PROCEEDINGS |
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| If a judgment or a sentence in a criminal proceeding is not properly entered in a trial court's record, the trial court may retroactively enter the judgment or the sentence. Such a proceeding is called a nunc pro tunc proceeding. The only limitations on the nunc pro tunc proceeding is that a new trial must not have been granted, the judgment must not have been arrested, or an appeal must not have been filed.
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| Counterfeiting Trademark Violations |
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| Counterfeiting trademarked goods is a growing problem in the United States. Counterfeiting of trademarked goods constitutes a felony offense. The offense involves the secret manufacture and distribution of imitation items. The counterfeited items consist of imitations of well-known products such as Louis Vuitton, Gucci, Ralph Lauren, and Coach. Both the Trademark Counterfeiting Act of 1984 and the Anticounterfeiting Consumer Protection Act of 1996 address the issues of counterfeiting of trademarked goods. More... |
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| A DEFENDANT'S RIGHT TO A PUBLIC TRIAL |
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| A defendant is guaranteed the right to a public trial under the Sixth Amendment of the United States Constitution. The right to a public trial is also an element of the defendant's due process rights, which rights are guaranteed under the Fourteenth Amendment of the United States Constitution. In addition, states have enacted provisions in their constitutions that guarantee a defendant's right to a public trial. The public also has a right to attend criminal trials under the First Amendment of the United States Constitution. More... |
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| Motions to Suppress Evidence |
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| A defendant may file a motion to suppress evidence during the pretrial phase of her trial. A motion to suppress is filed when the defendant is seeking to exclude evidence on the basis that it was illegally obtained. The evidence may have been obtained in violation of the defendant's right against unreasonable searches and seizures as provided under the Fourth Amendment of the United States Constitution. The evidence may have been tainted by other illegally obtained evidence, thereby supporting the defendant's assertion that it should be excluded. More... |
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| CHALLENGING JURISDICTION |
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| Jurisdiction is a court's power to hear and to decide cases. There are two types of jurisdiction. They are subject-matter jurisdiction and personal jurisdiction. Subject-matter jurisdiction is the power of a particular court to hear and to decide certain types of cases. Personal jurisdiction is the power that a court exercises over a particular person. More... |
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