Criminal Law
| Larceny and Conversion of Government Property |
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| Larceny or the theft of government property is a federal offense. In order to prove the crime; the prosecution mustprove the following: A wrongful taking or carrying away of property; the property belonged to the United States; the defendant took the property without the consent of the United States; the defendant had the intent to deprive the United States of the property.
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| ISSUING A BAD OR A WORTHLESS CHECK |
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| A person commits the offense of issuing a bad or a worthless check when he or she writes, issues, or passes a check or similar document for the payment of money when he or she knows that he or she does not have sufficient funds in a banking institution to pay the check. More... |
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| Discovery and Brady Materials |
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| In accordance with the Due Process Clause of the United States Constitution, the Government has an obligation to provide a defendant, upon his request, of all evidence in its possession that is favorable to the defendant and material to the case against the defendant. If the Government fails to disclose the requested information to the defendant, a new trial may be required. More... |
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| MISTAKE OF FACT AS A DEFENSE |
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| 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... |
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| Appellate Review of Comments During Closing Arguments and Standards of Review |
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| When a defendant appeals his conviction on the basis that the trial court erred in overruling his objection to the prosecutor's improper comments made during closing arguments, the appellate court will analyze the entire closing argument. The trial court is given wide discretion with respect to closing arguments.
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