Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Entire DC Network
Government Retention And Use Of Unlawfully Secured Dna Evidence, Wayne A. Logan
Government Retention And Use Of Unlawfully Secured Dna Evidence, Wayne A. Logan
Scholarly Publications
No abstract provided.
A House Divided: When State And Lower Federal Courts Disagree On Federal Constitutional Rights, Wayne A. Logan
A House Divided: When State And Lower Federal Courts Disagree On Federal Constitutional Rights, Wayne A. Logan
Scholarly Publications
Despite their many differences, Americans have long been bound by a shared sense of federal constitutional commonality. As this article demonstrates, however, federal constitutional rights do in fact often differ — even within individual states — as a result of state and lower federal court concurrent authority to interpret the Constitution and the lack of any requirement that they defer to one another’s positions. The article provides the first in-depth examination of intra-state, state-federal court conflicts on federal constitutional law and the problems that they create. Focusing on criminal procedure doctrine in particular, with its unique impact on individual liberty …
Constitutional Cacophony: Federal Circuit Splits And The Fourth Amendment, Wayne A. Logan
Constitutional Cacophony: Federal Circuit Splits And The Fourth Amendment, Wayne A. Logan
Scholarly Publications
Despite their many differences, Americans have long been bound by a shared sense of constitutional commonality. Federal constitutional rights, however, can and do often vary based on geographic location, and a chief source of this variation stems from an unexpected origin: the nation's federal circuit courts of appeals. While a rich literature exists on federal circuit splits in general, this Article provides the first empirical study of federal constitutional law circuit splits. Focusing on Fourth Amendment doctrine in particular, the Article highlights the existence of over three dozen current circuit splits, which result in the unequal allocation of liberty and …
The Political Economy Of Application Fees For Indigent Criminal Defense, Wayne A. Logan, Ronald F. Wright
The Political Economy Of Application Fees For Indigent Criminal Defense, Wayne A. Logan, Ronald F. Wright
Scholarly Publications
In this article, we trace the origin and spread of state laws designed to make indigent criminal defendants pay, up-front, a portion of the costs of their state-appointed counsel. These co-pays, which can range from $10 to over $200, are part of the increasingly popular pay-as-you-go movement, requiring criminal defendants to defray the system costs of their prosecution and punishment.
On their face, such laws would appear to be a natural target of vigorous resistance by the defense bar. This turns out to be only half true, however, for it is often the leaders of public defense organizations, faced with …
Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller
Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller
Florida State University Law Review
Criminal Procedure- PRELIMINARY HEARINGS- NONADVERSARY JUDICIAL DETERMINATION OF PROBABLE CAUSE TO DETAIN IS PREREQUISITE TO EXTENDED RESTRAINT OF LIBERTY FOLLOWING ARREST.
State V. Latimore, 284 So. 2d 423 (Fla. 3d Dist. Ct. App. 1973), Cert. Denied, 291 So. 2d 7 (Fla. 1974), Florida State University Law Review
State V. Latimore, 284 So. 2d 423 (Fla. 3d Dist. Ct. App. 1973), Cert. Denied, 291 So. 2d 7 (Fla. 1974), Florida State University Law Review
Florida State University Law Review
Criminal Law- FLORIDA RULES OF CRIMINAL PROCEDURE- INVESTIGATIVE REPORTS NEITHER SIGNED BY NOR DIRECTLY QUOTING A DECLARANT ARE NOT DISCOVERABLE "STATEMENTS" WITHIN RULE 3.220.