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MOTIONS IN LIMINE

Criminal Law & Procedure: Pretrial Motions: Motions In Limine

A motion in limine is any motion that is filed either before or during a trial and that seeks to exclude prejudicial evidence before it...

SEARCH & SEIZURE - ABANDONED PROPERTY

The right under the Fourth Amendment of the United States Constitution to be secure against unreasonable searches and seizures is based upon an expectation of privacy in a person's property. If the person abandons his or her property, he or she...

Attacking Eyewitness Identification

A defendant may attack eyewitness testimony during trial. There are numerous issues and problems that arise when dealing with eyewitness identification testimony. One of the largest issues involves the reliability of the eyewitness. The defendant...

CHALLENGING A JURY ARRAY

A jury array is a list of jurors who are summoned to appear for jury duty. Jurors for a particular trial are selected from the jury array. A defendant is entitled to challenge the jury array. The defendant usually discovers flaws in the jury...

MOTIONS IN ARREST OF JUDGMENT

When a defendant has been convicted of a criminal offense, the defendant may seek relief from his or her conviction by filing a motion in arrest of judgment. A motion in arrest of judgment suggests that the judgment has not been legally rendered....