| 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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| HUNG JURY |
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A jury is required to render a unanimous verdict in a criminal trial. If the jury cannot reach a unanimous verdict, the jury is considered to be a hung jury. A trial court must declare a mistrial in the event of a hung jury.
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| PRESERVATION OF ERROR FOR APPELLATE REVIEW |
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| A defendant's claim of error in a trial court can only be reviewed by an appellate court if the defendant properly presented or preserved the error in the trial court. The appellate court cannot review the error if the error was not properly presented to the trial court either before, during, or immediately after a trial.More... |
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| FRIVOLOUS APPEALS |
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| An appeal is considered to be frivolous if it lacks merit. An appeal lacks merit if a trial court committed no error in a defendant's case. Attorneys generally have a duty not to file frivolous appeals. However, even though an attorney may deem that a defendant's appeal is frivolous, he or she may be required to file an appellate brief. Such a brief is called an "Anders" brief.More... |
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| Obstruction of Justice |
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| In addition, among those people who have made plans for the future, some have made plans that are legally defective. There are so-called wills that are defective because they have not been prepared according to the required formalities. There are also wills prepared according to the required formalities that are so well hidden that they cannot be found. When people try to make a will without the assistance of a lawyer, they seem bound to make a mistake. One of the strongest arguments for having a lawyer prepare your will is this: otherwise you won't know if you have made a mistake until you die.
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