The domestic violence ground has four limbs. Three require a conviction: a crime of violence committed against a person in a defined domestic relationship, a crime of stalking, and a crime of child abuse, neglect or abandonment. The fourth requires only a court's determination that the client violated the part of a protection order protecting against credible threats of violence, repeated harassment or bodily injury, which a civil contempt finding can supply.
Dual criminality asks whether the acts charged abroad would constitute a crime under the law of the requested state, without requiring identical elements or identical names. Older treaties list extraditable offenses; modern treaties define extraditability by a penalty threshold and apply the conduct comparison. Differences in criminalization, fiscal offenses, inchoate liability and extraterritorial reach produce most of the disputes.
Equitable tolling requires two showings: that the petitioner pursued his rights diligently, and that some extraordinary circumstance stood in the way and prevented timely filing. Courts have accepted attorney abandonment, serious mental incompetence, official misleading and prolonged loss of the legal file. They reject ordinary negligence, self-represented status, ignorance of the law and ordinary confinement conditions. Actual innocence operates separately, as an exception rather than tolling.
Section 2254(b)(1) bars relief unless the applicant has exhausted the remedies available in the courts of the State, unless no corrective process exists or it is ineffective to protect the applicant's rights. Fair presentation requires giving the state courts both the operative facts and the federal legal theory through one complete round of established appellate review. A mixed petition must be dismissed, amended, or stayed. A claim with no remaining state remedy is exhausted but defaulted.
A warrantless entry into a home is presumed unreasonable, and exigency is the exception offered when there was no time to apply for a warrant. Courts recognize emergency aid, pursuit of a fleeing suspect, imminent destruction of evidence and prevention of escape. Each is judged on the totality of the circumstances, officers may not manufacture the urgency by threatening unlawful action, and a warrant available by reliable electronic means narrows the claim that there was no time.
A claim must identify the specific property, state the claimant's interest and be made under oath subject to penalty of perjury by the claimant rather than by counsel. No bond may be required in a proceeding governed by the reform statute. In an agency case the deadline is the date stated in the notice letter, no earlier than thirty-five days after mailing. In court the claim is due thirty days after service of the complaint, and an answer follows.
A latent print comparison runs through analysis, comparison, evaluation and verification. Sufficiency at the analysis stage is the examiner's judgment and is not fixed by any national minimum point count. An automated search returns ranked candidates rather than conclusions. Verification may or may not be blind. Black box testing measures the accuracy of conclusions without examining how they were reached, and a reported error rate describes study participants, not a single comparison.
A conviction for purchasing, selling, offering for sale, exchanging, using, owning, possessing or carrying a firearm or destructive device in violation of any law is a ground of deportability. There is no petty offense exception, no minimum sentence and no requirement that the offense be a felony. Because the ground turns on the object named in the statute of conviction, a charge that does not identify a firearm generally does not reach it.
Firearms examination compares class, subclass and individual characteristics on fired components under a comparison microscope. The identification threshold is agreement judged sufficient by the examiner, not a fixed count of matching striae. Subclass carryover from consecutively produced tooling can imitate individual agreement. Correlation databases return ranked candidates, and conclusion wording has moved away from claims of identification to the exclusion of every other firearm.
Fugitive status requires physical presence in the demanding state at the time of the alleged offense and subsequent absence from it. Intent to avoid prosecution plays no part, and a person who left for entirely innocent reasons is a fugitive. Where the person was never present, the uniform act permits surrender on a different theory for acts committed elsewhere that intentionally resulted in a crime in the demanding state.
Rule 6(e)(2) imposes an obligation of secrecy on grand jurors, interpreters, court reporters, operators of recording devices, typists, government attorneys and personnel to whom disclosure is made. No obligation is imposed on a witness. Rule 6(e)(3) then lists permitted disclosures, including to attorneys for the government, to officials for national security purposes, and by court order on a showing of particularized need. Violations are punishable as contempt.
Section 983(f) permits a claimant to obtain possession of seized property while the forfeiture case proceeds. All five conditions must be met: a possessory interest, sufficient ties to the community, substantial hardship from continued government possession, hardship outweighing the risk of loss, and no excluded category. Currency is excluded unless it constitutes the assets of a legitimate business. A request precedes a petition after fifteen days, and the court rules within thirty days.
