Jerry D. Jordan
representing State and Federal Criminal and Family Law Cases.
Criminal Law Newsletter
Authentication of Evidence
 
Non-testimonial and documentary evidence must be authenticated before a court may admit it into evidence. Authentication is the term that is used requiring that the evidence sought to be admitted into evidence is what it is actually purported to be. More...
 
MISTAKE OF FACT AS A DEFENSE
 
The defense of mistake of fact is used when a defendant is accused of committing a particular crime and the defendant admits that he or she committed another crime, which other crime is different from the particular crime and is not a lesser-included offense of the particular crime. The defense is based on the defendant's belief that he or she was committing another crime, which crime is less serious than the crime with which the defendant is charged. More...
 
WITNESS TAMPERING
 
A person commits the offense of witness tampering if he or she offers, confers, or agrees to confer any benefit on a witness or a prospective witness in a judicial or an administrative proceeding. More...
 
APPELLATE BRIEFS
 
A state's rules of appellate procedure determine the requirements for filing an appellate brief. An appellate brief is generally required to be filed within a certain number of days after the filing of a notice of appeal and the filing of a trial court's record. An appellant is required to serve a copy of his or her brief on an opposing party. Other copies may be required to be filed. Proof of service must be affixed to the brief. Service may generally be accomplished by mail, by personal service, or by fax. The opposing party must file its brief within a certain number of days after it is served with a copy of the appellant's brief.More...
 
INSANITY DEFENSE
 
The defense of insanity is an affirmative defense to a criminal offense if at the time of the offense a defendant was suffering from a severe mental disease or defect, which disease or defect rendered the defendant incapable of knowing that his or her conduct was wrong. The purpose of the defense is to determine whether the defendant should be held responsible for the offense. It only excuses the defendant's conduct. It does not mean that the defendant did not commit the offense.More...
 
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