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Articles 1 - 21 of 21
Full-Text Articles in Law
Curing The Ake Of An Incompetent Expert: A Separate Reviewable Issue, Kenneth S. Roberts
Curing The Ake Of An Incompetent Expert: A Separate Reviewable Issue, Kenneth S. Roberts
San Diego Law Review
The Supreme Court's mid-1980s decision in Ake v. Oklahoma established the defendant's constitutional right to "competent psychiatric assistance." Although many states had already provided indigent defendants access to psychiatric assistance in their defense, it was not until the Court decided Ake that this access was established as his or her constitutional right. However, whether this due process right to expert assistance was satisfied by the mere appointment of a psychiatrist or whether it included the requirement that the expert perform competently had remained unanswered as of 1992. This Comment attempts to address this issue in the affirmative and additionally develops …
Morgan V Illinois 112 S. Ct. 2222 (1992)
Morgan V Illinois 112 S. Ct. 2222 (1992)
Capital Defense Journal
No abstract provided.
Dawson V. Delaware 112 S. Ct. 1093 (1992)
Dawson V. Delaware 112 S. Ct. 1093 (1992)
Capital Defense Journal
No abstract provided.
Riggins V. Nevada 112 S.Ct. 1810 (1992)
Stringer V. Black 112 S.Ct. 1130 (1992)
Sochor V. Florida 112 S.Ct. 2114 (1992)
Espinosa V. Florida 112 S.Ct. 2926 (1992)
Espinosa V. Florida 112 S.Ct. 2926 (1992)
Capital Defense Journal
No abstract provided.
Trevino V. Texas 112 S.Ct. 1547 (1992)
Poyner V. Murray 964 F.2d 1404 (1992)
Mueller V. Commonwealth 1992 Va. Lexis 97
Mueller V. Commonwealth 1992 Va. Lexis 97
Capital Defense Journal
No abstract provided.
The Duty To Serve And Protect: 42 U.S.C. § 1983 And Police Officers' Liability Following Roadside Abandonment, Michael R. Gotham
The Duty To Serve And Protect: 42 U.S.C. § 1983 And Police Officers' Liability Following Roadside Abandonment, Michael R. Gotham
Washington Law Review
Courts disagree about whether an individual has a cause of action against a police officer under 42 U.S.C. § 1983 when that officer abandoned the individual in a dangerous environment following a traffic stop. Courts have not uniformly recognized an individual's right to personal security in roadside abandonment cases as fundamental and protected by the Fourteenth Amendment. Also, courts have required plaintiffs in these cases to show that an asserted right was clearly established at the time the officer acted in order to overcome the officer's qualified immunity defense. This requirement often bars plaintiffs from recovering under section 1983. This …
Arizona V. Fulminante: The Application Of Harmless Error Analysis To Admission Of A Coerced Confession In Violation Of The Due Clause Of The Fourteenth Amendment, Robert Paul
West Virginia 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.
Can A Private Educational Association Ever Be Liable Under 42 U.S.C. Section 1983 For Depriving An Individual Of Fourteenth Amendment Due Process Rights After Ncaa V. Tarkanian?, Samuel Perry Swanberg
Can A Private Educational Association Ever Be Liable Under 42 U.S.C. Section 1983 For Depriving An Individual Of Fourteenth Amendment Due Process Rights After Ncaa V. Tarkanian?, Samuel Perry Swanberg
Brigham Young University Education and Law Journal
No abstract provided.
Lis Pendens And Procedural Due Process: A Closer Look After Connecticut V. Doehr, Janice Gregg Levy
Lis Pendens And Procedural Due Process: A Closer Look After Connecticut V. Doehr, Janice Gregg Levy
Maryland Law Review
No abstract provided.
Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox
Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox
Touro Law Review
No abstract provided.
The Right Of Privacy And The New York State Constitution: An Analytical Framework, Edward R. Alexander
The Right Of Privacy And The New York State Constitution: An Analytical Framework, Edward R. Alexander
Touro Law Review
No abstract provided.