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Crumbs From The Master's Table: The Supreme Court, Pro Se Defendants And The Federal Guilty Plea Process, Julian A. Cook
Crumbs From The Master's Table: The Supreme Court, Pro Se Defendants And The Federal Guilty Plea Process, Julian A. Cook
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This Article will commence with a review of the rather significant evolution of Rule 11, including a review of several pertinent Supreme Court decisions that have helped shape its current structure. Thereafter, the predominant judicial methodology for conducting Rule 11 hearings will be discussed. Specifically, this Article will take a brief but critical look at, inter alia, the examination techniques employed by the judiciary when conducting Rule 11 hearings, and conclude that the process typically employed inadequately assesses whether a defendant's guilty plea was entered into knowingly and voluntarily. Next, this Article will discuss two very recent Supreme Court decisions--United …
Causing Constitutional Harm: How Tort Law Can Help Determine Harmless Error In Criminal Trials, Jason M. Solomon
Causing Constitutional Harm: How Tort Law Can Help Determine Harmless Error In Criminal Trials, Jason M. Solomon
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This Article proceeds in four parts. Part II is a brief overview of harmless-error doctrine in the context of habeas challenges to state criminal convictions, focusing on the nature of the inquiry and the doctrinal deadlock described above. Part III is an empirical analysis of the post-Brecht cases in the federal courts of appeals. To search for a way out of the doctrinal deadlock, I started with a relatively straightforward question: what has happened to harmless-error analysis since Brecht? To answer this question, I reviewed and, with the help of a research assistant, coded all of the 315 …
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr.
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr.
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In Part I of this Article, appearing in Volume 8 of the Georgia Law Review at page 313, Professor Wilkes traced the development of postconviction habeas corpus in Georgia up to 1967. In this the second part of the Article, he examines the background and passage of the Georgia Habeas Corpus Act of 1967. Finally, Professor Wilkes assesses the degree to which the Act has fulfilled its purposes, and suggests several possible changes for the future.
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part I), Donald E. Wilkes Jr.
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part I), Donald E. Wilkes Jr.
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Because it has been esteemed in this state for centuries, the writ of habeas corpus has played a significant role in the history of Georgia civil liberties. Indeed, one Georgia court early state that "[w]hen the writ is applied for, no inquiry is made as to the complexion of the petitioner, or the place of his permanent allegiance. All of every condition, of every country and of every complexion are equally entitled to it, the native of South Africa, not less than the Peer of the Realms." In the first part of his Article, Professor Wilkes examines the origins of …
Warrantless Searches And Seizures, Mack Allen Player
Warrantless Searches And Seizures, Mack Allen Player
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The fourth amendment to the Constitution has two basic clauses. The first, the reasonableness clause, protects the people against unreasonable searches and seizures. The second, the warrant clause, sets forth conditions under which a warrant may issue. Searches and seizures made pursuant to a warrant are, quite obviously, governed by the commands of the warrant clause. However, the effect of the warrant clause upon searches and seizures made without warrants is not clear from the amendment itself, and the Supreme Court has failed to develop a consistent interpretation of the proper role of that clause.
The Supreme Court, The Individual And The Criminal Process, E. Hunter Taylor Jr.
The Supreme Court, The Individual And The Criminal Process, E. Hunter Taylor Jr.
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The sweeping social changes presently occurring in this country are having important effects on the law. The impact of this philosophical revolution upon th elaw is manifesting itself most directly and vividly in the Supreme Court of the United States where the entire concept of "individual liberty and freedom" is undergoing far-reaching change. One of the most important changes is occurring in the development of constitutional rules of criminal procedure, particularly those applicable to the states through the fourteenth amendment. Most of the particular longstanding announced aims of the Court, e.g., protection against the conviction of the innocent and prevention …