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Blog Posts in September, 2011

Attacking the Government's "Experts"

Whether we're talking about state or federal crimes, expert witnesses are often important to the prosecution's case. There are many reasons to hate government experts in criminal trials. Close ...
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Medical Marijuana In Arizona: What Can I Do?

Under Arizona's medical marijuana program, a "qualifying patient" (that would be you, if you are issued a card) may possess up to 2.5 ounces of usable marijuana; "usable ...
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Medical Marijuana In Arizona: The Physician's Certification

For a variety of reasons, your doctor may not be comfortable with Arizona's medical marijuana program, and may be unwilling to give you the necessary written certification. Nothing in the statute ...
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Medical Marijuana in Arizona: What Medical Conditions Qualify?

I'm getting questions about Arizona's medical marijuana program, so I'm going to create several posts on that topic. One of the criticisms of California's medical marijuana program has ...
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Medical Marijuana In Arizona: Getting The Card

I am starting to get questions about Arizona's Medical Marijuana program. The next few posts will address that subject. "Qualifying patients" can apply to the Arizona Department of ...
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Mis-Trials and Prosecutorial Misconduct

As all baseball fans know, former Yankees pitching star Roger Clemens was recently on trial for using steroids (actually, he was charged with the federal crime of lying to Congress about his steroid ...
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To Testify Or Not To Testify....

All lawyers have war stories, including stories about clients who self-destructed on the witness stand. One of my favorites is told by a famous lawyer I'll call Larry. In this particular case, his ...
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Eyewitness (mis)Identification: Factors Affecting Validity, Part II

Defense attorneys understand the fallibility of eyewitness identification. Many of the DNA exonerations of recent years occurred in cases where an eyewitness had positively identified the defendant. ...
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Eyewitness (mis)Identification: Factors Affecting Validity, Part I

Defense attorneys understand the fallibility of eyewitness identification. Many of the DNA exonerations of recent years occurred in cases where an eyewitness had positively identified the defendant. ...
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Sex and Consent

Based on the title of this blog post, you might assume that it concerns sex crimes. Yes, it does. But not the ones you're thinking of. In U.S. v. Stanley, the issue was who can give the police ...
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Drugs and Weapons

Prosecutors love to charge drug possession offenses and weapon charges together. If you possessed illegal drugs for sale and a firearm at the same time, you can expect to be charged with the federal ...
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Out-House, In-House, Or Your Own House

In a white collar case, the corporation often has its in-house counsel, or retained outside counsel, speak to employees. What should you do if your company is being investigated, and you are asked to ...
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Drug Treatment and the Federal Bureau of Prisons

Any judge, prosecutor, defense lawyer, or police officer will tell you that most crimes are alcohol or drug crimes, one way or the other. Even if the crime isn't a drug crime per se, it is often ...
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