Criminal Law
| Possession of Drug Paraphernalia |
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| A person commits a criminal offense when he or she uses drug paraphernalia or possesses drug paraphernalia with the intent to use the drug paraphernalia. Possession of drug paraphernalia is the knowing or intentional use or possession with the intent to use the drug paraphernalia.
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| 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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| Violations of the Federal Food, Drug, and Cosmetic Act |
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| The Federal Food, Drug, and Cosmetic Act prohibits misbranding and adulterating food and drugs that circulate within interstate commerce. The Act was first enacted in 1906. Numerous parties may be charged with violating the Act.
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| Discovery and Brady Materials |
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| In accordance with the Due Process Clause of the United States Constitution, the Government has an obligation to provide a defendant, upon his request, of all evidence in its possession that is favorable to the defendant and material to the case against the defendant. If the Government fails to disclose the requested information to the defendant, a new trial may be required. More... |
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| JURY INSTRUCTIONS ON ELEMENTS OF AN OFFENSE |
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| The prosecution has the burden of proving all the elements of an offense with which a defendant is being charged. In accordance with this burden of proof, a trial court is required to specifically instruct a jury on all the elements of the offense. A jury instruction is defective if it fails to set forth all the elements of the offense. More... |
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