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Motion to Disclose the Identity of a Confidential Informant

A defendant may file a motion requesting that the prosecution disclose the identity of their confidential informant. Typically information received from the confidential informant may be the basis of probable cause to support the issuance of an...

Types of Pleas and Withdrawal of a Guilty Plea

Not Guilty Pleas

When an accused has been charged with an offense, he has a choice of whether to enter a not guilty, a no contest, or a guilty plea. A not guilty plea is a plea in which the...

Discovery and Brady Materials

In accordance with the due process clause of the United States Constitution, the government has an obligation to provide a defendant, upon his request, known as a Brady request, all evidence in its possession that is favorable to the defendant...

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...

JURY INSTRUCTIONS ON REASONABLE DOUBT

A defendant cannot be convicted of a crime unless the prosecution proves that the defendant committed the crime beyond a reasonable doubt. The standard of beyond a reasonable doubt is a constitutional requirement of due process. The United States...