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Full-Text Articles in Law
The Cartoon Physics Of The Court-Martial, John M. Bickers
The Cartoon Physics Of The Court-Martial, John M. Bickers
West Virginia Law Review
No abstract provided.
Meet The New Chief, Same As The Old Chief: A Coherent Solution To The Problem Of Prior Conviction Proof Procedures, Robert Barnhart
Meet The New Chief, Same As The Old Chief: A Coherent Solution To The Problem Of Prior Conviction Proof Procedures, Robert Barnhart
West Virginia Law Review
Conventional wisdom tells attorneys they can avoid having the jury learn about criminal defendants’ prior convictions if the client exercises their right to not testify at trial. Conventional wisdom is wrong. Myriad status crimes, sentence enhancing specifications, and substantive offenses make prior convictions an element of the offense, ensuring the prosecution can introduce them as a matter of course during the prosecution’s case-in-chief. The seminal Supreme Court Case, Old Chief v. United States, provided some relief to criminal defendants by allowing them to stipulate to their status as a felon prohibited from possessing weapons to avoid having the jury learn …