Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Jones, Lackey, And Teague, Richard Broughton
Jones, Lackey, And Teague, Richard Broughton
Richard Broughton
In a recent, high-profile ruling, a federal court finally recognized that a substantial delay in executing a death row inmate violated the Eighth Amendment’s ban on cruel and unusual punishments. Courts have repeatedly rejected these so-called “Lackey claims,” making the federal court’s decision in Jones v. Chappell all the more important. And yet it was deeply flawed. This paper focuses on one of the major flaws in the Jones decision that largely escaped attention: the application of the non-retroactivity rule from Teague v. Lane. By comprehensively addressing the merits of the Teague bar as applied to Lackey claims, and making …
Partially Concurrent Sentences, Statutory Interpretation, And Legislative Intent: Amicus Brief Filed In State V. Bryant Wilson (Indiana Supreme Court), Adam Lamparello, Charles Maclean
Partially Concurrent Sentences, Statutory Interpretation, And Legislative Intent: Amicus Brief Filed In State V. Bryant Wilson (Indiana Supreme Court), Adam Lamparello, Charles Maclean
Adam Lamparello
Indiana Code § 35-50-1-2 states that terms of imprisonment “shall be served concurrently or consecutively.” The Code’s plain language does not authorize courts to impose partially consecutive, blended, or “split sentences. Partially consecutive sentences would impermissibly read into the Code a third sentencing option, thus contradicting Indiana’s well-settled jurisprudence and undermining the goal of reasonable uniformity in sentencing. The decision of the Indiana Court of Appeals should therefore be reversed.
Closing The Widening Net: The Rights Of Juveniles At Intake, Tamar R. Birckhead
Closing The Widening Net: The Rights Of Juveniles At Intake, Tamar R. Birckhead
Tamar R Birckhead
Should juveniles have more, fewer, the same or different procedural rights than are accorded to adults? This question, posed by Professor Arnold Loewy for a panel at the 2013 Texas Tech Law Review Symposium on Juveniles and Criminal Law, requires us to examine our goals for the juvenile court system. My primary goal, having practiced in both adult criminal and juvenile delinquency forums for over twenty years, is to ensure that the reach of juvenile court is no wider than necessary, as research indicates that when children are processed through the juvenile court system and adjudicated delinquent, the impact is …
Establishing Guidelines For Attorney Representation Of Criminal Defendants At The Sentencing Phase Of Capital Trials, Adam Lamparello
Establishing Guidelines For Attorney Representation Of Criminal Defendants At The Sentencing Phase Of Capital Trials, Adam Lamparello
Adam Lamparello
No abstract provided.