Eric Baird

Can Someone be Convicted in State and Federal Court for the Same Crime?

Double Jeopardy Doesn’t Apply to Federal/State Dual Prosecutions The unfortunate answer is “Yes”. The Supreme Court has stated on more than one occasion that the federal government and the individual states are separate “Sovereigns”. This means that each create their own laws independent of each other, and enforce them independently. It also means, by law, …

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JudgmentOrder

Federal Supervised Release – Conditions of Supervision

Probation Deep Dive: Conditions of Federal Supervised Release This is a deep dive into the conditions a defendant must follow on supervised release, for a general primer on supervised release as a whole, please visit our main Federal Supervised Release page. When a federal criminal sentence is handed down, over 90% of those sentences include …

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The 2019 U.S. Supreme Court

What Acquitted Conduct Says about Justice Kavanaugh and Federal Defendants and Supervised Release The Supreme Court has changed drastically over the last two years. With the inclusion of both Justice Gorsuch and Justice Kavanaugh to the highest court in the Country, there are plenty of questions on what way things will go for federal defendants …

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The Newest SCOTUS

Supreme Court Nominee Kavanaugh How This Pick Stacks up on Criminal Justice and Dimaya 2018 Marks the second time the Trump administration will have selected a judge to sit on the United States Supreme Court. The first nomination, Justice Neil Gorsuch, widely considered to be a right-leaning partisan pick, actually sided with the defendant in …

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The Difficulty on Bringing State Cases into Federal Habeas Proceedings

Federal Habeas Filings Under §2254 Filing a habeas petition is difficult and very time consuming. Filing an effective habeas petition is even harder. This is in reference to federal inmates filing for 28 U.S.C. §2255 habeas relief in federal court. A majority of these filings fail even before they get a hearing, never getting their day in …

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