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Timchula & Smith, P.A.


Criminal Law

EXTRAORDINARY RELIEF
A defendant has an adequate remedy at law for a lower court's decision when he or she has a right to appeal the lower court's decision. When the defendant cannot appeal the lower court's decision, he or she may be entitled to extraordinary relief. Extraordinary relief is a method by which the defendant seeks to have an appellate court examine the lower court's actions and order the lower court to perform or to refrain from performing a certain act. More...
Closing Arguments During a Criminal Trial
The defendant is entitled to present a closing argument in a criminal trial. The defendant's right to give a closing argument has been deemed by the United States Supreme Court as a basic element of the adversary factfinding process. More...
Opening Statements during a Criminal Trial
In a criminal proceeding each side has the opportunity to present an opening statement to the judge or jury. The prosecution presents its opening statement first and then the defendant presents his opening statement. In some states, the trial judge permits the defendant to defer giving his opening statement until the close of the prosecution's case. If there are multiple defendants being tried in one case, each attorney may give an opening statement for each defendant. More...
SUCCESSIVE FEDERAL HABEAS CORPUS PETITIONS
When a state prisoner has previously filed a federal habeas corpus petition that has been denied on the merits, federal courts will generally not consider another petition or a successive petition that is filed by the prisoner. The rationale for this policy is that the federal habeas corpus process should not be abused. More...
SEARCH & SEIZURE - SEARCH WARRANTS
The Fourth Amendment of the United States Constitution guarantees the right to be secure against unreasonable searches and seizures. It provides that warrants for an arrest or for a search shall be based on probable cause, shall be supported by an oath or an affirmation, and shall describe with particularity the placed to be searched or the person or thing to be seized. More...

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