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United States v. Morgan, 346 U.S. 502 (1954), is a landmark decision [1] by the United States Supreme Court which provides the writ of coram nobis as the proper application to request federal post-conviction judicial review for those who have completed the conviction's incarceration in order to challenge the validity of a federal criminal conviction.
The U.S. Bill of Rights. Article Three, Section Two, Clause Three of the United States Constitution provides that: . Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have ...
The Williams Rule is based on the holding in the Florida state case of Williams v. State [1] in which relevant evidence of collateral crimes is admissible at jury trial when it does not go to prove the "bad character" or "criminal propensity" of the defendant but is used to show motive, intent, knowledge, modus operandi, or lack of mistake.
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has ...
The decision said that Florida's failure to appoint such counsel in Gideon's case constituted a violation of that right and required states to provide counsel free of charge to indigent defendants in all criminal cases in the future. [81] James Blumstein represented himself before the U.S. Supreme Court in 1971. Blumstein had recently moved to ...
Florida state lawmakers began calling for the town to be dissolved last month after a state audit of the city's books found 31 violations of local, state and federal law, the Orlando Sentinel ...
Writs are directives from a higher court to a lower court or government official, and are only issued when the one seeking the writ (the moving party) has no other options. [5] Most states in the United States allow convicted parties to file several specific writs (legal actions).
Congress may define the jurisdiction of the judiciary through the simultaneous use of two powers. [1] First, Congress holds the power to create (and, implicitly, to define the jurisdiction of) federal courts inferior to the Supreme Court (i.e. Courts of Appeals, District Courts, and various other Article I and Article III tribunals).