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Tag Archives: due process

Criminal Law: Supervised Release-Due Process-Sufficiency of Evidence

Where a defendant in a drug-possession case challenged the revocation of his supervised release, the district court had sufficient evidence to find that the defendant committed the violation, and even if the defendant’s due process rights were violated, he did ...

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Criminal Law: Due Process-Competence-NGRI Plea

  Where a trial court accepted a defendant’s plea of not guilty by reason of insanity while also finding him incompetent to proceed, the defendant’s habeas claim was not procedurally barred, and the court exceeded its authority and violated the ...

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Criminal Law: Bond Forfeiture-Due Process

Where a surety challenged a judgment denying its motion to vacate judgment and set aside the declaration of bond forfeiture, the trial court did not err in denying the motion because the judgment was not void for want of due ...

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Civil Rights: Civil Detainee-Confiscation of Property-Due Process

Plaintiff, a civil detainee, appealed the district court’s dismissal of his pro se civil rights complaint, challenging the dismissal of his claim asserting that confiscation of his property violated his due process rights. Where unauthorized deprivation of property by government ...

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Criminal Law: Conspiracy to Distribute Heroin-Plea Agreement-Due Process

Defendant appealed the sentence imposed after he pleaded guilty, pursuant to a written plea agreement, to conspiring to distribute heroin. On appeal, defendant argued that his due process rights were violated at sentencing. Where the district court relied upon the ...

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