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Full-Text Articles in Criminal Procedure
Death Penalty Law, Holly Geerdes, Nikki Cox
Death Penalty Law, Holly Geerdes, Nikki Cox
Mercer Law Review
This Article surveys the death penalty decisions of the Georgia Supreme Court from June 1, 2004 through May 31, 2005. The cases discussed include those heard by the supreme court on interim appeal, on direct appeal, and on review of habeas corpus decisions. Focusing on the court's decisions that affect the trial and appeal of death penalty cases, this Article, with some exceptions, does not discuss holdings in capital cases that are common to all criminal appeals.
The Role Of The Federal Sentencing Guidelines In The Wake Of United States V. Booker And United States V. Fanfan, Rosemary T. Cakmis
The Role Of The Federal Sentencing Guidelines In The Wake Of United States V. Booker And United States V. Fanfan, Rosemary T. Cakmis
Mercer Law Review
The year 2004 began much like previous years, at least when it came to decisions from the Eleventh Circuit Court of Appeals interpreting the United States Sentencing Guidelines ("U.S.S.G." or "federal sentencing guidelines" or "guidelines"). In less than one year, however, the federal sentencing guidelines and related Eleventh Circuit decisions took on a fascinating new dimension in light of 2004-2005 United States Supreme Court jurisprudence. This jurisprudence culminated with the January 12, 2005 Supreme Court decision in United States v. Booker, which was consolidated with United States v. Fanfan ("Booker/Fanfan"). Therein, the Supreme Court rejected the Eleventh …
United States V. Patane: The Supreme Court's Continued Assault On Miranda, David Bosworth
United States V. Patane: The Supreme Court's Continued Assault On Miranda, David Bosworth
Mercer Law Review
In United States v. Patane, the United States Supreme Court ruled on the issue of whether a police officer's failure to give a suspect the complete Miranda warnings required the court to suppress a gun found as a result of the suspect's voluntary statements. In a 5-4 decision, the Court held that failure to give such warnings does not require suppression of physical evidence gained from unwarned voluntary statements. The dissenting justices were concerned about the negative effects this ruling would have on police procedures, judicial inquiries, and suspect's rights. This decision creates another exception to the Miranda rule …
Form Over Substance? Qualified Immunity In Groh V. Ramirez, Lenard F. Harrelson Jr.
Form Over Substance? Qualified Immunity In Groh V. Ramirez, Lenard F. Harrelson Jr.
Mercer Law Review
In Groh v. Ramirez, the United States Supreme Court held in a 5-4 decision that a search warrant may be so facially defective that the executing officers cannot reasonably presume it to be valid. The Court reasoned that the warrant deficiency in this case, revolving around the particularity requirement, flows directly from the text of the Fourth Amendment, and thus, no reasonable officer could believe a warrant that obviously did not comply with this standard was valid. The Court proceeded to deny the executing officer qualified immunity by holding that reliance upon this facially defective warrant was objectively unreasonable. …
Uncertain Waters: Tennard V. Dretke Provides Swells Of Protection For The Mentally Deficient But May Cause Rising Tides Of Frivolous Claims, Kristin L. Starnes
Uncertain Waters: Tennard V. Dretke Provides Swells Of Protection For The Mentally Deficient But May Cause Rising Tides Of Frivolous Claims, Kristin L. Starnes
Mercer Law Review
Continuing to address the morality and constitutionality of executing mentally deficient offenders, the United States Supreme Court in Tennard v. Dretke held that the Texas jury instructions used during the sentencing phase violated the Eighth Amendment. The jury instructions were unconstitutional because they did not provide sentencers with an adequate vehicle for assessing the defendant's mitigating evidence of low Intelligence Quotient. This case has broad implications for jury instructions in capital cases across the nation. It also raises concerns that valid claims by deserving defendants will be lost in a sea of frivolous claims and unidentified intelligence tests.
To Serve And Protect: Thornton V. United States And The Newly Anemic Fourth Amendment, Jason Lewis
To Serve And Protect: Thornton V. United States And The Newly Anemic Fourth Amendment, Jason Lewis
Mercer Law Review
In Thornton v. United States, the United States Supreme Court further weakened the protection afforded by the Fourth Amendment by holding that an officer may search the passenger compartment of a vehicle incident to arrest even when the suspect is first approached after exiting the vehicle. Under the guise of providing protection to police officers, this decision greatly expands the power of an arresting officer to search the private property of the arrestee and creates uncertainty on what constitutional limits apply to searches incident to arrest outside the home.
A Meaningful Criminal Justice System For The Future—An English Perspective, Baroness Scotland Of Asthal Qc
A Meaningful Criminal Justice System For The Future—An English Perspective, Baroness Scotland Of Asthal Qc
Mercer Law Review
The Fourth Annual John E. James Distinguished Lecture
Walter F. George School of Law
Mercer University
Macon, Georgia, September 21, 2004