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Articles 1 - 30 of 105
Full-Text Articles in Law
Criminal Procedure—Technology In The Modern Era: The Implications Of Carpenter V. United States And The Limits Of The Third-Party Doctrine As To Cell Phone Data Gathered Through Real-Time Tracking, Stingrays, And Cell Tower Dumps, Deepali Lal
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Law—The Federal Sentencing Guidelines: Examining The Physical Restraint Sentencing Enhancement, Drew Curtis
Criminal Law—The Federal Sentencing Guidelines: Examining The Physical Restraint Sentencing Enhancement, Drew Curtis
University of Arkansas at Little Rock Law Review
No abstract provided.
A Ticket To Jail: Do Minor Traffic Violations Result In Jail Time For Poor Arkansans?, Jessie Wallace Burchfield
A Ticket To Jail: Do Minor Traffic Violations Result In Jail Time For Poor Arkansans?, Jessie Wallace Burchfield
University of Arkansas at Little Rock Law Review
No abstract provided.
Is It Time For Arkansas To Consider Pretrial Reform?, Judge Cindy Grace Thyer
Is It Time For Arkansas To Consider Pretrial Reform?, Judge Cindy Grace Thyer
University of Arkansas at Little Rock Law Review
Approximately two-thirds of the national jail population consists of pretrial detainees––people who are constitutionally presumed innocent of the charges they are facing. Many, if not most, of these individuals are incarcerated because they are unable to post money bail. This article explores some of the complexities of pretrial release/detention reform. It begins with the history of bail from its early use in England through its grounding in each American state’s constitution, with special emphasis upon the reforms that have occurred in the American system of pretrial release since the 1920s. Drawing on information and experiences from states across the nation, …
Disappearing Act: Arkansas’S Circularly-Defined Default, Judge Victor A. Fleming
Disappearing Act: Arkansas’S Circularly-Defined Default, Judge Victor A. Fleming
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Law—The Call For An Adequate Remedy: The Lack Of Deterrence And Judicial Consequences For Prosecutors Who Habitually Violate Batson, Altimease Lowe
Criminal Law—The Call For An Adequate Remedy: The Lack Of Deterrence And Judicial Consequences For Prosecutors Who Habitually Violate Batson, Altimease Lowe
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Procedure—Jurisdictional Limitations On Federal Judges' Ability To Authorize Electronic Surveillance: A Cry For Congressional Guidance, Meredith A. Powell
Criminal Procedure—Jurisdictional Limitations On Federal Judges' Ability To Authorize Electronic Surveillance: A Cry For Congressional Guidance, Meredith A. Powell
University of Arkansas at Little Rock Law Review
No abstract provided.
Crossing The Line: Techniques Of Closing Argument That Are Out Of Bounds In Criminal Trials, Blake R. Mills
Crossing The Line: Techniques Of Closing Argument That Are Out Of Bounds In Criminal Trials, Blake R. Mills
University of Arkansas at Little Rock Law Review
No abstract provided.
The Right To Appeal In Comparative Perspective, Dražan Djukić
The Right To Appeal In Comparative Perspective, Dražan Djukić
The Journal of Appellate Practice and Process
Appellate procedures regarding the most serious crimes under domestic law are, in general, conducted differently in common law and civil law systems. This article reviews the differences concerning the primary facets of such proceedings, namely prosecutorial rights of appeal, access to appellate review, the scope of appellate review, the admission of additional evidence, appellate decisionmaking powers, and the functions of appellate review. It then explains that these differences result from dissimilar decisionmaking processes, degrees of adherence to the search for the truth, and sources of law.
A Proposal To Change Sentencing Appeals In Arkansas, Anthony L. Mcmullen
A Proposal To Change Sentencing Appeals In Arkansas, Anthony L. Mcmullen
University of Arkansas at Little Rock Law Review
No abstract provided.
“What Are My Chances On Appeal?” Comparing Full Appellate Decisions To Per Curiam Affirmances, Steven N. Gosney
“What Are My Chances On Appeal?” Comparing Full Appellate Decisions To Per Curiam Affirmances, Steven N. Gosney
The Journal of Appellate Practice and Process
No abstract provided.
When An Appeal Goes Wrong: A “Criminal Justice Nightmare”, David R. Dow, Jeffrey R. Newberry
When An Appeal Goes Wrong: A “Criminal Justice Nightmare”, David R. Dow, Jeffrey R. Newberry
The Journal of Appellate Practice and Process
No abstract provided.
When The United States Loses In A Criminal Case: The Government Appeal Process, Margaret D. Mcgaughey
When The United States Loses In A Criminal Case: The Government Appeal Process, Margaret D. Mcgaughey
The Journal of Appellate Practice and Process
No abstract provided.
Criminal Law—When The Pillow Talks: Arkansas's Rape Shield Statute Bars Dna Evidence Excluding The Defendant As The Source Of Semen. Thacker V. State, 2015 Ark. 406, 474 S.W.3d 65., Lacon Marie Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
Appellate Review Of Unpreserved Questions In Criminal Cases: An Attempt To Define The Interest Of Justice, Larry Cunningham
Appellate Review Of Unpreserved Questions In Criminal Cases: An Attempt To Define The Interest Of Justice, Larry Cunningham
The Journal of Appellate Practice and Process
No abstract provided.
Sweeping Down The Plain: A Modern Rule For Direct Review In Oklahoma Criminal Appeals, Bryan Lester Dupler
Sweeping Down The Plain: A Modern Rule For Direct Review In Oklahoma Criminal Appeals, Bryan Lester Dupler
The Journal of Appellate Practice and Process
No abstract provided.
Nearing Thirty Years: The Burger Court, Strickland V. Washington, And The Parameters Of The Right To Counsel, Joshua Kastenberg
Nearing Thirty Years: The Burger Court, Strickland V. Washington, And The Parameters Of The Right To Counsel, Joshua Kastenberg
The Journal of Appellate Practice and Process
No abstract provided.
Sentence Appeals In England: Promoting Consistent Sentencing Through Robust Appellate Review, Briana Lynn Rosenbaum
Sentence Appeals In England: Promoting Consistent Sentencing Through Robust Appellate Review, Briana Lynn Rosenbaum
The Journal of Appellate Practice and Process
No abstract provided.
Constitutional Law—Sixth Amendment—Braving Confrontation: Arkansas’S Progressive Position Regarding Criminal Defendants’ Confrontation Rights At Sentencing, Cassie R. Howell
Constitutional Law—Sixth Amendment—Braving Confrontation: Arkansas’S Progressive Position Regarding Criminal Defendants’ Confrontation Rights At Sentencing, Cassie R. Howell
University of Arkansas at Little Rock Law Review
No abstract provided.
Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan
Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan
University of Arkansas at Little Rock Law Review
The United States Constitution as well as state procedural rules require prosecutorial authorities to disclose evidence to the defense as a means for ensuring fairness in the prosecution of individuals charged with criminal offenses. When prosecutorial authorities fail to disclose evidence as required, the integrity of the criminal justice system is threatened and the defense is unable to adequately prepare for trial. This threat is illustrated and magnified by the substantiation of prosecutorial misconduct claims in high profile trials where prosecutors have been unable to resist the temptation not to disclose evidence that could damage the prosecution's case, or, where …
Two Books, Ten Days, Nancy Bellhouse May
Two Books, Ten Days, Nancy Bellhouse May
The Journal of Appellate Practice and Process
No abstract provided.
The Slow Wheels Of Furman's Machinery Of Death, Brent E. Newton
The Slow Wheels Of Furman's Machinery Of Death, Brent E. Newton
The Journal of Appellate Practice and Process
No abstract provided.
A Sober Second Thought, Andrew H. Schapiro
A Sober Second Thought, Andrew H. Schapiro
The Journal of Appellate Practice and Process
No abstract provided.
The Invalidity Of A Plea Of Guilty To A Criminal Offense Made By Video Teleconferencing When The Defendant Is Not Present In Open Court, William R. Simpson Jr., Clint Miller, David Sudduth
The Invalidity Of A Plea Of Guilty To A Criminal Offense Made By Video Teleconferencing When The Defendant Is Not Present In Open Court, William R. Simpson Jr., Clint Miller, David Sudduth
University of Arkansas at Little Rock Law Review
A guilty plea by a defendant is more than an admission of conduct; it is the nail in the coffin that closes the case and results in conviction. Despite the critical importance of this moment, Arkansas district and circuit courts are more commonly taking guilty pleas from defendants by video teleconferencing (VTC) instead of requiring defendants to be physically present in the courtroom. This essay sets forth three separate arguments in support of the notion that a guilty plea to a criminal offense by VTC without the defendant being present in open court is invalid as a matter of Arkansas …
Comparing Appels And Oranges: Evaluating The Link Between Appeal Processes And Judiciary Structures In Canada And France, Mike Madden
The Journal of Appellate Practice and Process
No abstract provided.
That Ain't Kosher, Robert Steinbuch, Brett Tolman
That Ain't Kosher, Robert Steinbuch, Brett Tolman
University of Arkansas at Little Rock Law Review
No abstract provided.
International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda, Gregory S. Mcneal
International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda, Gregory S. Mcneal
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Law - Evidence Of Inactive Drug Metabolites In Dui Cases: Using A Proximate Cause Analysis To Fill The Evidentiary Gap Between Prior Drug Use And Driving Under The Influence, Matthew C. Rappold
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Fourth Amendment And Search And Seizure—Introducing The Supreme Court's New And Improved Summers Detention: Now Equipped With Handcuffing And Questioning! Muehler V. Mena, 544 U.S. 93 (2005), Ryan J. Caststeel
University of Arkansas at Little Rock Law Review
This note explores the United States Supreme Court's recent decision in Muehler v. Mena that extended the holding in Michigan v. Summers that allows police officers to handcuff and question occupants of a house who are lawfully being detained during the execution of a valid search warrant. First, the note examines the facts behind the Mena case itself. Second, the note explores the historical developments in Fourth Amendments jurisprudence that led up to the Mena decision. This section of the note focuses on the following five main topics: (1) the creation of the Fourth Amendment; (2) the evolution of the …
Criminal Law—The Sixth Amendment And The Right To Trial By Jury—Where Do We Go From Here?: The United States Supreme Court Examines The Federal Sentencing Guidelines. United States V. Booker, 543 U.S. 220 (2005)., Brian M. Clary
University of Arkansas at Little Rock Law Review
No abstract provided.