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Counsel's Control Over The Presentation Of Mitigating Evidence During Capital Sentencing, James Michael Blakemore
Counsel's Control Over The Presentation Of Mitigating Evidence During Capital Sentencing, James Michael Blakemore
Michigan Law Review
The Sixth Amendment gives a defendant the right to control his defense and the right to a lawyer's assistance. A lawyer's assistance, however, sometimes interferes with a defendant's control over his case. As a result, the Supreme Court, over time, has had to delineate the spheres of authority that pertain to counsel and defendant respectively. The Court has not yet decisively assigned control over mitigating evidence to either counsel or defendant. This Note argues that counsel should control the presentation of mitigating evidence during capital sentencing. First, and most importantly, decisions concerning the presentation of mitigating evidence are best characterized …
Argument And Courtroom Theatrics, Larry Geller, Peter Hemenway
Argument And Courtroom Theatrics, Larry Geller, Peter Hemenway
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Up Or Out And Into The Supreme Court: A Forecast For Hishon V. King And Spalding , Linda Randlett Kollar
Up Or Out And Into The Supreme Court: A Forecast For Hishon V. King And Spalding , Linda Randlett Kollar
Pepperdine Law Review
The author presents an extensive analysis of Title VII in an effort to forecast the forthcoming Supreme Court decision of Hishon v. King and Spalding. Included are the issues presented to the Court, the legislative history of Title VII, the Eleventh Circuit Court of Appeals' decision, and a historical inquiry of the applicable decisions of the Burger Court. Although the outcome of the case has yet to be decided, the author's informed prediction will guide commentaries in the future.