| FEDERAL HABEAS CORPUS RELIEF |
| A state prisoner who has been incarcerated for a criminal offense by a state court may challenge his or her conviction by filing a petition for habeas corpus relief in a federal court. The federal court has jurisdiction over the prisoner's custody in a state correctional institution if the incarceration constitutes a violation of the United States Constitution or the laws of the United States. The prisoner's federal habeas corpus petition seeks to secure the release of the prisoner from an unlawful custody. However, in order to be able to file the federal habeas corpus petition, the prisoner must be in custody, the custody must be unlawful, and the prisoner must have exhausted his or her state remedies. More... |
| Appeals |
| Usually a defendant is entitled to one appeal as of right after a conviction. The defendant must be informed of his right to appeal. On appeal, the defendant may raise claims that mistakes were made during his trial. The defendant is required to follow the proper state or federal procedure when filing an appeal. Sometimes, the defendant is required to request leave or permission to file an appeal. The defendant is then required to file notice of the appeal with the court, file a brief, and submit the trial court record for review. More... |
| Check Kiting, Improper Personal Loans to Banking Officers, and Overdrafts |
| Check kiting is a crime that involves one or more individuals who utilize checking accounts at two or more financial institutions. The purpose of using two or more institutions is for the systematic exchange of checks written in similar amounts. The individual uses the lag time that it takes to clear checks through the Federal Reserve System to use and collect the money. More... |
| Embezzlement and False Entries within Financial Institutions |
| There are numerous types of financial institutional fraud. Some of the types include both embezzlement and false entries made by representatives of financial institutions. More... |
| RELIEF FROM JUDGMENTS REGARDING COMPETENCY TO STAND TRIAL |
| A defendant does not generally have a right to appeal a judgment from a hearing on the defendant's competency to stand trial. The defendant only has a right to appeal his or her conviction for the offense with which he or she was charged. More... |
S. Reginald Kenan
