AdministrativeLaw DueProcess FifthAmendment CriminalProcedure Securities
Is the use by the prosecutor of a 'probable cause affidavit' containing averments contradictory to the alleged victim's own sworn statement to charge and obtain a conviction, including leading the trial court to rely upon said affidavit, prosecutorial misconduct violative of a defendant's constitutional rights such that vacatur is required, when the argument is raised for the first time on direct appeal?
QUESTIONS PRESENTED 1. Is the use by the presecutor of a "probable cause affidavit" containing averments contradictory to the alleged victim's own sworn statement to charge and obtain a conviction, including leading the trial court to rely upon said affidavit, prosecutorial misconduct violative of a defendant's constitutional rights such that vacatur is required, when the argument is raised for the first time on direct appeal? 2. When multiple charges are brought based upon a generic range of dates, is double jeopardy violated when the State does not prove separate mens rea to commit each individual act? : 3. Is a change of plea knowing and voluntary when the terms and conditions of subsequent probation are not explained in detail to the defendant until after they have been imposed? 4. Can "formulaic" terms and conditions of probation be imposed constitutionally when they have no direct connection to a defendant's adjudication, especially when they are | sufficiently overbroad as to encompass any defendant upon which they are imposed? -i;