RIGHT TO APPEAL

A defendant has a right to appeal his or her final judgment of conviction and sentence by a trial court to a state's appellate court. In order to be considered a defendant for purposes of an appeal, the defendant must have been charged with a crime or the defendant must have committed a criminal offense.

Joinder of Defendants

A defendant or the prosecution may file a motion for a joinder of defendants. It is within the trial court's discretion to grant or deny the motion for joinder. The party seeking the joinder must show that the defendants participated in the same act or transaction or in the same series of transactions. Joinder of defendants requires more than simply showing that the defendants committed similar offenses. The standard for joining defendants is satisfied if the defendants shared a common purpose or scheme and if there was an overlap in their acts.

OBTAINING CONTROLLED SUBSTANCES BY FRAUD

A person commits an offense when he or she acquires, obtains, or attempts to obtain possession of a controlled substance by misrepresentation, fraud, or forgery. The person obtains a controlled substance by fraud when the person forges or alters a prescription for the controlled substance.

JURY INSTRUCTIONS ON APPLICATION OF THE LAW TO THE FACTS

A jury's role in a criminal case is to determine the guilt or innocence of a defendant. In accordance with this role, the jury must also judge the facts of the case. In order to make its factual determination, the jury is instructed on the law by a trial court. The trial court sets forth the law in written instructions that are delivered to the jury before the prosecution and the defense make their closing arguments. The jury is not permitted to receive the law from any source other than the trial court.

An overview of the Jencks Act

The Jencks Act provides that upon a motion by the defendant, the Government is required to disclose a witness's prior statements that are in the Government's possession at the time the request is made. In order for the Government to be compelled to disclose a witness's prior statements, the statements must relate to the subject mater of the direct testimony of the witness. Under the Jencks Act, the Government has a duty to preserve all statements that are required to be produced. The Government should not destroy the statements before they are required to be destroyed, usually until after the culmination of the defendant's case, including an appeal.