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Criminal Law

BILLS OF EXCEPTION

A defendant is entitled to waive his or her right to appeal his or her conviction by a trial court. However, the waiver must be knowingly and intelligently made by the defendant. The waiver may only be made after the defendant's right to appeal has accrued.

CRUELTY TO ANIMALS

A person commits the offense of cruelty to animals if he or she intentionally or knowing tortures an animal, fails to provide food, care, or shelter for an animal, abandons an animal, transports or confines an animal in a cruel manner, kills or seriously injures an animal that belongs to another person, or causes an animal to fight with another animal.

Insurance Fraud and Federal Prosecutions

Although there is no specific federal statute prohibiting insurance fraud because there is a nexus with interstate commerce, federal prosecution for fraudulent conduct may be sought under a variety of different statutes.

MOTIONS IN LIMINE

A motion in limine is any motion that is filed either before or during a trial and that seeks to exclude prejudicial evidence before it is offered into evidence. A motion in limine usually seeks to exclude evidence of another party.

Prosecutors, Immunity and Conflicts of Interests

The prosecutor has immunity from civil liability for actions undertaken during their official duties. The prosecutor enjoys both absolute and qualified immunity. The prosecutor has absolute immunity in initiating a prosecution and in presenting the State's case, so long as the prosecutor's actions are done in conformity with the judicial process.

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