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Criminal Law

Criminal Law Newsletters

Battered Woman Syndrome

Battered woman syndrome was first proposed in the 1970s. The syndrome was based upon clinical observations by a researcher of the effect of severe abuse and battery on a woman. Battered woman syndrome is a pattern of psychological and behavioral symptoms found in a woman living in an abusive relationship.

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.

FRIVOLOUS APPEALS

An appeal is considered to be frivolous if it lacks merit. An appeal lacks merit if a trial court committed no error in a defendant’s case. Attorneys generally have a duty not to file frivolous appeals. However, even though an attorney may deem that a defendant’s appeal is frivolous, he or she may be required to file an appellate brief. Such a brief is called an "Anders" brief.

Hobbs Act Generally

The elements with respect to a violation of the Hobbs Act are as follows:
1. Obstruction or effect on interstate commerce. 2. An attempt, conspiracy or completed robbery or extortion is committed. 3. The use of actual or threatened violence or injury to an individual or property.

Mortgage Fraud

Mortgage fraud has become a more prevalent crime in the past few years. In the last two to three years the number of mortgage companies has increased at a rate of at least 50%. As a result of the increase in the number of mortgage companies, mortgage brokers seem to be engaging in more and more fraudulent types of conduct. The Federal Bureau of Investigation has cited the increase in the number of cases involving fraud and mortgage brokers.