John P. Calmes, Jr.
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Criminal Law Newsletter
RELEASE ON PAROLE
 
If a state's parole board grants parole to a prisoner, custody of the prisoner is generally transferred to the state's parole board prior to the prisoner's release on parole. The prisoner is usually transferred to a residential facility or a halfway house, during which time the prisoner continues to receive credit for good conduct time. More...
 
CONFESSIONS MUST BE VOLUNTARY
 
The Fifth Amendment of the United States Constitution provides that no person shall be deprived of life, liberty, or property without due process of law. The Fourteenth Amendment of the Constitution provides that no state shall deprive any person of life, liberty, or property without due process of law. Due process of law requires that a person has notice, an opportunity to be heard, and a right to make an informed choice. An informed choice can only be made with regard to a confession if the confession is voluntary.More...
 
BURGLARY OF A MOTOR VEHICLE
 
A person commits the offense of burglary of a motor vehicle when he or she breaks or enters into a motor vehicle, or any part thereof, without the consent of the owner and with the intent to commit a felony or a theft. 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...
 
FEDERAL HABEAS CORPUS PETITIONS
 
A state prisoner who is seeking federal habeas corpus relief must file a petition in a federal court. The petition does not need to be filed by the prisoner himself or herself. An attorney or a "next friend" of the prisoner may file the petition on behalf of the prisoner.More...
 
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