Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (27)
- University of Arkansas at Little Rock William H. Bowen School of Law (6)
- Washington and Lee University School of Law (6)
- UIC School of Law (4)
- University of Richmond (3)
-
- Brigham Young University Law School (2)
- Campbell University School of Law (1)
- Loyola University Chicago, School of Law (1)
- Mercer University School of Law (1)
- University of Kentucky (1)
- University of Michigan Law School (1)
- University of San Diego (1)
- University of Washington School of Law (1)
- West Virginia University (1)
- William & Mary Law School (1)
- Keyword
-
- 1991) (24)
- Constitution (24)
- N.Y. Const. Art. I (24)
- Federal (19)
- State (19)
-
- Defendant (17)
- Supreme Court (14)
- Appellate Division (12)
- New York (12)
- § 6 (12)
- U.S. Const. Amend. VI (9)
- Court of Appeals (8)
- Trial (8)
- Court (7)
- Criminal (7)
- Evidence (7)
- Police (7)
- Search & seizure (7)
- U.S. Const. Amend. IV (7)
- § 12 (7)
- Violated (6)
- Fourth Amendment (5)
- Probable cause (5)
- Right to be present (5)
- Warrant (5)
- Capital punishment (4)
- Conviction (4)
- Fourth Department (4)
- Right to counsel (4)
- Second Department (4)
- Publication
-
- Touro Law Review (27)
- University of Arkansas at Little Rock Law Review (6)
- Capital Defense Journal (5)
- UIC Law Review (4)
- University of Richmond Law Review (3)
-
- Brigham Young University Journal of Public Law (2)
- Campbell Law Review (1)
- Kentucky Law Journal (1)
- Loyola University Chicago Law Journal (1)
- Mercer Law Review (1)
- San Diego Law Review (1)
- University of Michigan Journal of Law Reform (1)
- Washington Law Review (1)
- Washington and Lee Law Review (1)
- West Virginia Law Review (1)
- William & Mary Law Review (1)
Articles 1 - 30 of 57
Full-Text Articles in Law
Criminal Law And Procedure, John O. Cole
Criminal Law And Procedure, John O. Cole
Mercer Law Review
The Georgia appellate courts wrote opinions in over 500 cases during the year of the survey period, most of which were in the court of appeals. The volumes in question in this survey are positively bloated with criminal appeals. Reading through them is a depressing experience for two reasons. First, something seems amiss in a system in which so many attorneys, judges, law clerks, other officials, printers, and trees participate in an appellate process that for the most part changes nothing and has no effect on the litigants. Second, while some of the appeals are meritless to the point of …
An Overview Of The Law Of Jury Selection For Arkansas Criminal Trial Lawyers, J. Thomas Sullivan
An Overview Of The Law Of Jury Selection For Arkansas Criminal Trial Lawyers, J. Thomas Sullivan
University of Arkansas at Little Rock Law Review
No abstract provided.
An End Run Around The Exclusionary Rule: The Use Of Illegally Seized Evidence Under The Federal Sentencing Guidelines, Victor Jay Miller
An End Run Around The Exclusionary Rule: The Use Of Illegally Seized Evidence Under The Federal Sentencing Guidelines, Victor Jay Miller
William & Mary Law Review
No abstract provided.
Medina V. California 112 S.Ct. 2572 (1992)
Medina V. California 112 S.Ct. 2572 (1992)
Capital Defense Journal
No abstract provided.
Subtle Influences: The Constitutionality Of Jailhouse Informant Testimony In Capital Cases, Wendy Freeman Miles
Subtle Influences: The Constitutionality Of Jailhouse Informant Testimony In Capital Cases, Wendy Freeman Miles
Capital Defense Journal
No abstract provided.
United States V. Halper: Making Double Jeopardy Available In Civil Actions, Nelson T. Abbott
United States V. Halper: Making Double Jeopardy Available In Civil Actions, Nelson T. Abbott
Brigham Young University Journal of Public Law
No abstract provided.
The Exhaustion Doctrine: State Prisoners Caught Between Civil Rights Actions And Writs Of Habeas Corpus, Linda Marie Bell
The Exhaustion Doctrine: State Prisoners Caught Between Civil Rights Actions And Writs Of Habeas Corpus, Linda Marie Bell
San Diego Law Review
This Comment explores the conflict between two federal laws when prisoners challenging their confinement seek damages or declaratory relief. On one hand, the exhaustion doctrine requires state prisoners to exhaust their state remedies before filing a petition for a writ of habeas corpus in federal court when they contest their confinement. On the other hand, prisoners challenging their civil rights may file in federal court without exhausting all state remedies. This Comment addresses how federal courts should determine which rule to apply when a prisoner brings an action contesting confinement, but seeks only declaratory relief or damages. The author proposes …
Speak Of The Missing Witness, And Surely He Shall Appear: The Missing Witness Doctrine And The Constitutional Rights Of Criminal Defendants—State V. Blair, 117 Wash. 2d 479, 816 P.2d 718 (1991), Carl T. Edwards
Washington Law Review
In State v. Blair, the Washington Supreme Court held for the first time that the state may use the missing witness doctrine against criminal defendants. Under the missing witness doctrine, which provides a permissive inference based on a defendant's failure to present available witnesses, prosecutors may now argue that a defendant failed to call certain witnesses because the defendant feared that their testimony would have been incriminating. This Note examines the court's decision in State v. Blair, the formulation of the missing witness doctrine adopted by the court, and the common law origins of the missing witness doctrine. This Note …
Harmelin V. Michigan: The Supreme Court Narrows The Proportionality Principle, Neil S. Whiteman
Harmelin V. Michigan: The Supreme Court Narrows The Proportionality Principle, Neil S. Whiteman
West Virginia Law Review
No abstract provided.
Drug Felony Capital Murder In Virginia, Sharron Lamoreaux
Drug Felony Capital Murder In Virginia, Sharron Lamoreaux
Capital Defense Journal
No abstract provided.
Constitutional Law—Confrontation Clause—Arkansas Child Hearsay Exception Regarding Sexual Offenses, Abuse, Or Incest Is Unconstitutional. George V. State, 306 Ark. 360, 813 S.W.2d 792 (1991)., Mark D. Wolf
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Procedure—Harmless Error—Coerced Confession Is No Longer Grounds For Automatic Reversal Of A Trial. Arizona V. Fulminante, 111 S. Ct. 1246 (1991)., Lynn Trulock Ravellette
Criminal Procedure—Harmless Error—Coerced Confession Is No Longer Grounds For Automatic Reversal Of A Trial. Arizona V. Fulminante, 111 S. Ct. 1246 (1991)., Lynn Trulock Ravellette
University of Arkansas at Little Rock Law Review
No abstract provided.
Opposing Peremptory Challenges Under Batson, Marcus E. Garcia, James W. Miller Jr.
Opposing Peremptory Challenges Under Batson, Marcus E. Garcia, James W. Miller Jr.
Capital Defense Journal
No abstract provided.
Mitigation: An Outline Of Law, Method And Strategy, Peter T. Hansen
Mitigation: An Outline Of Law, Method And Strategy, Peter T. Hansen
Capital Defense Journal
No abstract provided.
Criminal Procedure—Harmless Error—Coerced Confession Is No Longer Grounds For Automatic Reversal Of A Trial. Arizona V. Fulminante, 111 S. Ct. 1246 (1991)., Lynn Trulock Ravellette
Criminal Procedure—Harmless Error—Coerced Confession Is No Longer Grounds For Automatic Reversal Of A Trial. Arizona V. Fulminante, 111 S. Ct. 1246 (1991)., Lynn Trulock Ravellette
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Confrontation Clause—Arkansas Child Hearsay Exception Regarding Sexual Offenses, Abuse, Or Incest Is Unconstitutional. George V. State, 306 Ark. 360, 813 S.W.2d 792 (1991)., Mark D. Wolf
University of Arkansas at Little Rock Law Review
No abstract provided.
Case Comments: Civil And Criminal Procedure And Sentencing
Case Comments: Civil And Criminal Procedure And Sentencing
Washington and Lee Law Review
No abstract provided.
The Congressional Subpeona: Power, Limitations And Witness Protection, Christopher F. Corr, Gregory J. Spak
The Congressional Subpeona: Power, Limitations And Witness Protection, Christopher F. Corr, Gregory J. Spak
Brigham Young University Journal of Public Law
No abstract provided.
The Road Not Taken: Criminal Contempt Sanctions And Grand Jury Press Leaks, James W. Fox Jr.
The Road Not Taken: Criminal Contempt Sanctions And Grand Jury Press Leaks, James W. Fox Jr.
University of Michigan Journal of Law Reform
This Note examines the appropriate judicial responses to such news stories, focusing on the options available to counsel for the target of a grand jury investigation who is affected by the leaked information. Part I explains why dismissal and quashing are extremely difficult remedies to obtain, why internal investigations by the government are inadequate, and why, therefore, contempt sanctions are presently the most viable legal response to such leaks. Part II describes the general contours of both criminal and civil contempt actions and reviews specific applications of civil contempt actions in grand jury leak cases. Part III questions the functional …
Victim Impact Evidence, Arbitrariness, And The Death Penalty: The Supreme Court Flipflops In Payne V. Tennessee, Aida Alaka
Loyola University Chicago Law Journal
No abstract provided.
Another Step Towards Ending Discrimination In The Jury Selection Process - Powers V. Ohio, L. Phillip Hornthal Iii
Another Step Towards Ending Discrimination In The Jury Selection Process - Powers V. Ohio, L. Phillip Hornthal Iii
Campbell Law Review
This Note has four objectives. First, this Note will review the constitutional history behind Powers, involving racially motivated discrimination in the jury selection process. Second, this Note will analyze and discuss the Powers decision. Third, this Note will attempt to ascertain the impact of the decision. Finally, this Note will suggest that while Powers marks progress in the right direction, there are other important questions that need to be resolved before the jury selection process will be totally free from discrimination.
Freedom Of Speech And The Press
Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin
Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin
University of Richmond Law Review
During the past year, the Virginia Court of Appeals continued to be the primary contributor to the development of substantive and procedural criminal law in Virginia. As it has in years past, the court ruled on numerous Fourth Amendment questions, particularly with respect to investigatory detention. Other significant rulings dealt with double jeopardy, discovery, due process, and trial procedure.
Hudson V. Mcmillian And Prisoners' Rights In The 1990s: Is The Supreme Court Now More Responsive To "Contemporaneous Standards Of Decency"?, L. Allan Parrott Jr.
Hudson V. Mcmillian And Prisoners' Rights In The 1990s: Is The Supreme Court Now More Responsive To "Contemporaneous Standards Of Decency"?, L. Allan Parrott Jr.
University of Richmond Law Review
The Eighth Amendment prohibits, among other things, "cruel and unusual punishment." In the prison context, the United States Supreme Court historically applied this clause solely to protect prisoners from unfair sentences. It was not until 1976, 185 years after the adoption of the Eighth Amendment that the Supreme Court found cruel and unusual punishment protections to apply to events or conditions experienced by prisoners during incarceration. In Estelle v. Gamble, the Court granted Eighth Amendment protections to a prisoner alleging deprivations during imprisonment. After 1976, the Court seemed to move away from the "hands-off' doctrine, which traditionally granted deference to …
Ineffective Assistance Of Counsel
Oops - We Forgot To Put It In The Refrigerator: Dna Identification And The State's Duty To Preserve Evidence, 25 J. Marshall L. Rev. 809 (1992), Albert M.T. Finch Iii
Oops - We Forgot To Put It In The Refrigerator: Dna Identification And The State's Duty To Preserve Evidence, 25 J. Marshall L. Rev. 809 (1992), Albert M.T. Finch Iii
UIC Law Review
No abstract provided.