Newsletters

Violations of the Poultry Products Inspection Act

The Poultry Products Inspection Act was enacted to protect the health and welfare of consumers. The Act ensures that poultry products that are distributed in interstate commerce are of good quality and comply with the requirements set forth under the Act. The Act provides prohibitions against numerous types of conduct.

CRIMINAL TRESPASS

A person commits the offense of criminal trespass when he or she enters or remains on property or in a building of another person without that person's consent after he or she has been given notice that entry was forbidden or that he or she must depart. The other person does not need to own the property in order to give notice to depart. The other person must only have a greater right of possession that the person who commits the 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.

TERRITORIAL JURISDICTION OF THE FEDERAL GOVERNMENT

Governments:Federal Government:Property

Discovery and Brady Materials

In accordance with the Due Process Clause of the United States Constitution, the Government has an obligation to provide a defendant, upon his request, of all evidence in its possession that is favorable to the defendant and material to the case against the defendant. If the Government fails to disclose the requested information to the defendant, a new trial may be required.