Fricosu

Direct Appeal Issues in Federal Court – Plain Error vs. Abuse of Discretion

There are lots of issues that can be raised on direct appeal from an original sentencing hearing or trial. Too many than can be established in one blog post. Lawyers who practice in federal courts spend years litigating cases and studying law at the district level and sometimes at the appeal level. This post gets …

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UPDATE – Fricosu and the 5th Amendment

The Issue For the last year or so, there has been a debate raging that seems to defy common sense. Namely, the debate concerns the 5th Amendment’s protection against self-incrimination. We’ve all heard congressmen, mob bosses, and steroid-riddled professional athletes use these protections to the point where, “Pleading the Fifth,” is part of the American …

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The 10th Circuit, Fricosu, and the 5th Amendment

Electronic Decryption Orders As can be read in our previous posts (here and here), a case in Colorado has caught the attention of the nation in its implications on the 5th Amendment to the United States Constitution. This case touches on the Constitution, fraud, sex offenses, electronic freedoms, and many other incredibly important topics. Yesterday, …

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Update: Fricosu, The 10th Circuit, and the 5th Amendment

U.S. v. Fricosu 2/23/12 – As we previously discussed in this post, the government wants to force the defendant in the above-titled case to turn over an unencrypted hard drive that may or may not have incriminating evidence in it. The district judge granted the governments motion to force the defendant to supply the hard …

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In Colorado, Defendants Must do Prosecution’s Job

5th Amendment Under Fire in Fricosu Case Ramona Fricosu, of Peyton, Colorado is accused of being a part of a mortgage scam. In the course of the investigation against her, search warrants were executed on May 14th of 2010. In that search, the FBI took a Toshiba Satellite M305 laptop. Then came a problem. Investigators …

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