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St. Mary's Law Journal

Articles 61 - 66 of 66

Full-Text Articles in Criminal Law

A Felon Can Be Held Responsible For A Murder Committed By A Fear-Motivated Victim - Responsibility Is Based On A Theory Of Vicarious Liability And Not Felony-Murder., Remy J. Ferrario Mar 1971

A Felon Can Be Held Responsible For A Murder Committed By A Fear-Motivated Victim - Responsibility Is Based On A Theory Of Vicarious Liability And Not Felony-Murder., Remy J. Ferrario

St. Mary's Law Journal

Abstract Forthcoming.


Where Strong Evidence Of Actual Guilt Substantially Negated Defendant's Claim Of Innocence And Provided Strong Factual Basis For The Guilty Plea, Defendant Being Represented By Competent Counsel, Court Committed No Constitutional Error In Accepting Guilty Plea Despite Defendant's Claim Of Innocence And Fear Of Death Penalty, And Such Was Voluntarily And Intelligently Pleaded., P. Blake Hedblom Mar 1971

Where Strong Evidence Of Actual Guilt Substantially Negated Defendant's Claim Of Innocence And Provided Strong Factual Basis For The Guilty Plea, Defendant Being Represented By Competent Counsel, Court Committed No Constitutional Error In Accepting Guilty Plea Despite Defendant's Claim Of Innocence And Fear Of Death Penalty, And Such Was Voluntarily And Intelligently Pleaded., P. Blake Hedblom

St. Mary's Law Journal

Abstract Forthcoming.


Informing A Jury Of The Legal Effect Of Its Answers., James G. Denton Mar 1970

Informing A Jury Of The Legal Effect Of Its Answers., James G. Denton

St. Mary's Law Journal

Limiting jury consideration to facts, as opposed to the outcome, best serves special issue systems. The purpose of the special issues system is to ensure juries answer the presented questions without bias or prejudice. Though several writers have persuasively advocated for advising juries of the consequences of their findings, doing so seems to undermine the purpose of special issue systems because it allows for juries to answer questions with reference to their desired outcome. To ensure juries answer issues on the facts alone, trial judges should not give a jury, directly or indirectly, any information that may apprise them of …


Supreme Court Of Texas Is Without Jurisdiction To Grant A Writ Of Mandamus To Direct A District Judge To Dismiss An Indictment In A Criminal Case On The Ground That Relator Was Denied A Speedy Trial., John A. Pizzitola Dec 1969

Supreme Court Of Texas Is Without Jurisdiction To Grant A Writ Of Mandamus To Direct A District Judge To Dismiss An Indictment In A Criminal Case On The Ground That Relator Was Denied A Speedy Trial., John A. Pizzitola

St. Mary's Law Journal

Abstract Forthcoming.


Due Process And The Juvenile Offender., Carlos Cadena Mar 1969

Due Process And The Juvenile Offender., Carlos Cadena

St. Mary's Law Journal

For over sixty years, courts consistently found notions of due process inapplicable in juvenile proceedings. The goal of the juvenile court movement was to establish systems of education and protection of errant children, rather than deterrence and retribution. To accomplish these results, the juvenile court was shorn of all resemblance to criminal courts. Public hearings were to be avoided and the intervention of counsel was not required, since the juvenile judge represented both the child and the state. However, it became clear that children were receiving the protection of the state because they engaged in criminal conduct and with little …


Habeas Corpus Proceedings In The Supreme Court Of Texas., Joe Greenhill, Martin D. Beirne Jr. Mar 1969

Habeas Corpus Proceedings In The Supreme Court Of Texas., Joe Greenhill, Martin D. Beirne Jr.

St. Mary's Law Journal

Writs of habeas corpus, anchored both in the common law and Constitution of Texas, are vitally important to secure the freedom of those wrongfully imprisoned. However, minimal literature on the subject exists to assist attorneys who must prepare and present an application for writ of habeas corpus to the Supreme Court of Texas. To address the gap in literature, this article lays out the process attorneys should follow when filing a writ of habeas corpus. The most important items which should be brought before the Court are: (1) a motion for leave to file the application; (2) the application for …