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Articles 1 - 30 of 174
Full-Text Articles in Entire DC Network
Summary Of State V. Bennett, 119 Nev. Adv. Op. No. 63, Shane Jasmine Young
Summary Of State V. Bennett, 119 Nev. Adv. Op. No. 63, Shane Jasmine Young
Nevada Supreme Court Summaries
Appeal and cross-appeal from a district court order granting in part and denying in part Defendant’s post-conviction petition for a writ of habeas corpus in a capital case.
Summary Of Smith V. State, 120 Nev. Adv. Op. 96, Sally L. Galati
Summary Of Smith V. State, 120 Nev. Adv. Op. 96, Sally L. Galati
Nevada Supreme Court Summaries
Defendant appealed from a judgment of conviction for one count of burglary following a jury verdict. Defendant’s primary contention was that the district court erred in refusing his proffered jury instruction on the lesser crime of trespass.
Death Penalty Law, Michael Mears, Holly Geerdes
Death Penalty Law, Michael Mears, Holly Geerdes
Mercer Law Review
This Article surveys the death penalty decisions of the Georgia Supreme Court from June 1, 2002 through May 31, 2003.' The cases discussed include those heard by the supreme court on interim appeal, on direct appeal, and on review of habeas corpus decisions. Focusing on the court's decisions that affect the trial and appeal of death penalty cases, this Article, with some exceptions, does not discuss holdings in capital cases that are common to all criminal appeals. Four recent decisions of the Supreme Court of the United States are included
Criminal Law And Criminal Procedure, John O. Cole, Bonnie K. Cole
Criminal Law And Criminal Procedure, John O. Cole, Bonnie K. Cole
Mercer Law Review
In reading over 900 cases in criminal law and criminal procedure during the survey period, the fact that courts find the time to carefully analyze the allegations of error in each case is striking. The difference in the quality of the courts' work is especially striking when compared to the courts of twenty years ago.
Several themes emerge after reading these cases. The first theme is the number of specious arguments raised on appeal. This is due, in large part, to the Georgia Supreme Court's opinion in Huguley v. State in which the court disapproved Anders motions and forced attorneys …
Introduction To The Online Colorado Litigator's Handbook, Robert S. Anderson
Introduction To The Online Colorado Litigator's Handbook, Robert S. Anderson
Sturm College of Law: Faculty Scholarship
The Litigator's Handbook includes surveys of district court judges throughout the state with detailed questions of each judge's preferences and proscriptions for practice and procedure; answers to some questions that attorneys want to know but may be afraid to ask; and commentary that indicates the court's general level of receptiveness to particular types of requests.
Delusions Of Grand Juries, Niki Kuckes
Criminal Law, Marla Graff Decker, Stephen R. Mccullough
Criminal Law, Marla Graff Decker, Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman
Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman
ExpressO
In this Article, the author examines the predilection of college and university students towards certain types of illegal behaviors. Specifically, the Article considers the widespread instances of drug use, under-age alcohol use, and "file-sharing" using Napster and its progeny. The Article's main focus is on why such illegal behaviors are rampant among college students who might otherwise be
Indianapolis V. Edmond And The Original Understanding Of The Fourth Amendment, Bruce Newman
Indianapolis V. Edmond And The Original Understanding Of The Fourth Amendment, Bruce Newman
ExpressO
In this article I examine to what extent Indianapolis v. Edmond is in keeping with the original understanding of the Fourth Amendment. I conclude that the Founders were much more concerned with searches of real property, often insisting, not only on suspicion, but also a on warrant when searches of real property are involved. Secondly, while the Founders did not consider warrants necessary for searches and seizures off of real property (which for the sake of simplicity I call searches in public areas) the evidence suggests suspicion was required. Indeed, the Fourth Amendment was a direct response to the British …
When Does A Discharge Of A Bail Bond Discharge The Surety?, Jason D. Katz
When Does A Discharge Of A Bail Bond Discharge The Surety?, Jason D. Katz
ExpressO
This article examines the situations when a discharge of a bail bond actually discharges the liability of the surety and/ or its agent, the bail bondsman, as interpreted by the courts.
National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock
National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock
ExpressO
In the past two years there have been serious calls for a national identity system whose centerpiece would be some form of national identity card. Such a system is seen mainly as a tool against terrorists, but also as a useful response to illegal immigration, identity theft, and electoral fraud. Both proponents and opponents have noted the potential constitutional problems of such an identity system, but as yet there has been no published legal analysis of these questions. This article aims to fill that gap by analyzing the Fourth and Fifth Amendment issues in two major features of any likely …
United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders
United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders
ExpressO
Thomas Bean’s felony conviction in Mexico implicated provisions of federal law that preclude certain persons, including specified felons, from owning or trading in firearms and ammunition which have been transported in interstate commerce. 18 USC Sec. 922. Affected persons can seek relief from the federal firearms disability by invoking procedures established in 18 USC Sec. 925(c) under the Dept of Treasury, Director of Alcohol, Tobacco and Firearms (“ATF”). Beginning in 1992, Congress has enacted provisions annually in the ATF’s appropriations laws that ban it from investigating or acting upon Sec. 925(c) applications from individuals. Section 925(c) contains provisions for judicial …
Preface, Brent E. Newton
Preface, Brent E. Newton
The Journal of Appellate Practice and Process
No abstract provided.
Representing Death-Sentence Appellants, Charles B. Blackmar
Representing Death-Sentence Appellants, Charles B. Blackmar
The Journal of Appellate Practice and Process
No abstract provided.
Intelligence Testing And Atkins: Considerations For Appellate Courts And Appellate Lawyers, Lajuana Davis
Intelligence Testing And Atkins: Considerations For Appellate Courts And Appellate Lawyers, Lajuana Davis
The Journal of Appellate Practice and Process
No abstract provided.
The Revised Aba Guidelines And The Duties Of Lawyers And Judges In Capital Post-Conviction Proceedings, Eric M. Freedman
The Revised Aba Guidelines And The Duties Of Lawyers And Judges In Capital Post-Conviction Proceedings, Eric M. Freedman
The Journal of Appellate Practice and Process
No abstract provided.
Effective Performance Guarantees For Capital State Post-Conviction Counsel: Cutting The Gordian Knot, Andrew Hammel
Effective Performance Guarantees For Capital State Post-Conviction Counsel: Cutting The Gordian Knot, Andrew Hammel
The Journal of Appellate Practice and Process
No abstract provided.
Freeing The Innocent: Obtaining Post-Conviction Dna Testing In Florida, Catherine Arcabascio
Freeing The Innocent: Obtaining Post-Conviction Dna Testing In Florida, Catherine Arcabascio
Faculty Scholarship
No abstract provided.
How Many Terrorists Are There? The Escalation In So-Called Terrorism Prosecutions, Nora V. Demleitner
How Many Terrorists Are There? The Escalation In So-Called Terrorism Prosecutions, Nora V. Demleitner
Scholarly Articles
Not available.
Jurors' Perceptions Of Gender-Biased Linguistic Differences, Monica Hersh Khetarpal Sholar
Jurors' Perceptions Of Gender-Biased Linguistic Differences, Monica Hersh Khetarpal Sholar
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Killing The Non-Willing: Atkins, The Volitionally Incapacitated, And The Death Penalty, John H. Blume, Sheri Lynn Johnson
Killing The Non-Willing: Atkins, The Volitionally Incapacitated, And The Death Penalty, John H. Blume, Sheri Lynn Johnson
Cornell Law Faculty Publications
Jamie Wilson, nineteen years old and severely mentally ill, walked into a school cafeteria and started shooting. Two children died, and Jamie was charged with two counts of capital murder. Because he admitted his guilt, the only issue at his trial was the appropriate punishment. The trial judge assigned to his case, after hearing expert testimony on his mental state, found that mental illness rendered Jamie unable to conform his conduct to the requirements of law at the time of the crime—not impaired by his mental illness in his ability to control his behavior, but unable to control his behavior. …
Exonerations Change Judicial Views On Ineffective Assistance Of Counsel, Adele Bernhard
Exonerations Change Judicial Views On Ineffective Assistance Of Counsel, Adele Bernhard
Articles & Chapters
Law evolves more slowly than pop culture or public attitude. Because most exonerations have not resulted in written legal opinions, their impact is slowly seeping into case law. However, courts are influenced by the same news that sways the rest of us. Even without explicitly referring to innocence or wrongful convictions, modern trial courts are undoubtedly more likely to admit expert testimony on the question of eyewitness identification because they are painfully aware of just how easily such witnesses - no matter how honest or passionate - can be wrong. They are certainly more inclined to view confessions suspiciously, especially …
"She Breaks Just Like A Little Girl": Neonaticide, The Insanity Defense, And The Irrelevance Of "Ordinary Common Sense", Michael L. Perlin
"She Breaks Just Like A Little Girl": Neonaticide, The Insanity Defense, And The Irrelevance Of "Ordinary Common Sense", Michael L. Perlin
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Biological Factors Associated With Aggression And Violent Behavior: A Comparative Analysis Of Scientific, Societal, And Legal Dimensions, Troy M. Bear
ExpressO
No abstract provided.
Section 6: Criminal Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: Criminal Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
A Deadly Dilemma: Strategic Choices By Attorneys Representing "Innocent" Capital Defendants, Welsh S. White
A Deadly Dilemma: Strategic Choices By Attorneys Representing "Innocent" Capital Defendants, Welsh S. White
ExpressO
No abstract provided.
Resource Parity For Defense Counsel And The Struggle Between Public Choice And Public Ideals, Ronald F. Wright
Resource Parity For Defense Counsel And The Struggle Between Public Choice And Public Ideals, Ronald F. Wright
ExpressO
The quality of criminal defense counsel desperately needs improving. The strategy this article explores is not a change in the legal standard governing ineffective assistance of counsel claims, or a change in the Supreme Court's reasoning, but something far more fundamental: money. I ask whether it is feasible to link the funding available for defense lawyers to the money that the government spends on prosecution lawyers - in other words, parity of resources.
For reasons described in this article, resource parity will probably not come from the courts, at least not if they act alone. Major funding changes like this …
Department Of Justice Guidelines: Balancing "Discretionary Justice", Ellen S. Podgor
Department Of Justice Guidelines: Balancing "Discretionary Justice", Ellen S. Podgor
ExpressO
No abstract provided.
The Self-Incrimination Clause Explained And Its Future Predicted, Ronald J. Allen
The Self-Incrimination Clause Explained And Its Future Predicted, Ronald J. Allen
ExpressO
No abstract provided.