Month: March 2018

Should Your Trial Lawyer Handle Your Appeal?

March 7th, 2018 by

So, you’ve been through a difficult trial and now it’s up on appeal.  Or maybe you were bounced out of the trial court via summary judgment or on a motion to dismiss.  Perhaps you won in the trial court and the other side has appealed.

Regardless of how a case arrives in a court of appeals, the first question facing litigants is usually the same: should your trial lawyer handle your appeal. (more…)

Federal Sentencing and the Armed Career Criminal Act (ACCA)

March 5th, 2018 by

There is a practice in federal jurisdictions where sometimes the Government will seek an additional 15-year sentence enhancement for a defendant due to prior convictions under the Armed Career Criminal Act (ACCA).

Yet the Government does not always submit its own verified proof of prior convictions to the court, relying instead exclusively on the Presentencing Report, or PSR, prepared by the United State Probation, not the U.S. prosecuting Attorney. (more…)