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The Court stated the trial court's actions denied them the right to counsel in criminal cases under the Sixth Amendment. [6] This case marked the first time that the Court reversed a state court conviction because there was a failure to appoint counsel. [3] The Supreme Court clarified Powell in Betts v. Brady (1942).
Authentication, in the law of evidence, is the process by which documentary evidence and other physical evidence is proven to be genuine, and not a forgery. Generally, authentication can be shown in one of two ways. First, a witness can testify as to the chain of custody through which the evidence passed from the time of the discovery up until ...
The Court mitigated this newly imposed duty somewhat by holding that when the immigration consequences are not certain and clear, a criminal defense attorney must simply advise the client that a conviction may affect the client's immigration status. [14] The Court reasoned that immigration law is a separate legal field that is complex and may ...
Instead, they must pay for a lawyer, an option most detained immigrants cannot afford. While immigration courts are required to supply detainees with a list of pro-bono lawyers and agencies that provide legal advice, many of those on the list only represent specific types of immigrants, i.e., asylum seekers or individuals who are not detained ...
Kazarian v. USCIS refers to a case decided by the United States Court of Appeals for the Ninth Circuit on March 4, 2010, pertaining to a decision by United States Citizenship and Immigration Services (USCIS) on a Form I-140 EB-1 application.
A rare bipartisan bill on immigration aims to make the immigration court system friendlier and more navigable for unaccompanied migrant children.. There are 62,000 pending cases in U.S ...
The ruling was issued in a “sham marriage” case after an American citizen applied with the U.S. Citizenship and Immigration Services (USCIS) to obtain a visa for her noncitizen Palestinian ...
As such, early court decisions required that authentication called "for a more comprehensive foundation." US v. Scholle, 553 F.2d 1109 (8th Cir. 1976). As courts became more familiar with digital documents, they backed away from the higher standard and have since held that "computer data compilations… should be treated as any other record." US v.
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