Thomas G. Nave
227 Seventh Street, Juneau, Alaska 99801 Telephone: 907-586-3309 Fax: 907-586-2206

Criminal Law Newsletter
DURESS AS A DEFENSE
 
If another person compels a defendant to commit an offense, the defendant may claim that he or she committed the offense under duress. The defense of duress means that the defendant did not have the necessary mental state to commit the offense or to be criminally responsible for the offense.More...
 
Disclosure of Evidence
 
The federal government and the defendant both have an obligation to disclose certain evidence or information when the opposing party has made a request for such information. If either party fails to disclose the requested information, the requesting party may file a motion requesting that the trial court compel discovery. More...
 
JUDGMENTS
 
A judgment is a declaration by a trial court that shows whether a defendant has been convicted or acquitted of a criminal offense. The judgment must be in writing and must be signed by the trial court. The judgment is only evidence of the defendant's conviction. It is not the defendant's conviction. The defendant is convicted when the trial court pronounces the defendant's sentence. An appeal of the defendant's conviction cannot be filed until the judgment has been entered on the record. More...
 
Border & Airport Searches
 
Border searches and seizures may be conducted without probable cause, suspicion of wrongdoing, or a search warrant. More...
 
RECORDS ON APPEAL
 
In order for an appellant to prosecute an appeal, a record of a trial court's proceedings must be filed with an appellate court. The reason for the trial court's record is that the appellate court does not conduct an evidentiary hearing during an appeal. It does not take testimony or admit evidence. Its role is to examine the trial court's proceedings in accordance with the record in order to determine whether the trial court committed any errors.More...
 
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