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Articles 1 - 30 of 179
Full-Text Articles in Criminal Procedure
A First Step Back In Time?, Blake Jacobs
A First Step Back In Time?, Blake Jacobs
West Virginia Law Review
This Note discusses the implications of the United States Supreme Court’s holding in Concepcion v. United States, which left open whether district courts must reanalyze the 18 U.S.C.A. § 3553(a) factors when ruling on a motion to reduce a defendant’s sentence under the First Step Act. The decision settled a dispute between the First, Fifth, Ninth, and Eleventh Circuits, which did not require sentencing courts to consider intervening factual or legal developments; and the Second, Third, Fourth, Sixth, Seventh, Eighth, Tenth, and D.C. Circuits which did. However, the Supreme Court’s decision only obligates a district court to consider intervening …
Putting Together The Pieces: The Mosaic Theory And Fourth Amendment Jurisprudence Since Carpenter, Ben Vanston
Putting Together The Pieces: The Mosaic Theory And Fourth Amendment Jurisprudence Since Carpenter, Ben Vanston
West Virginia Law Review
No abstract provided.
Warrant Nullification, L. Joe Dunman
Warrant Nullification, L. Joe Dunman
West Virginia Law Review
Police officers execute thousands of search warrants in the United States every year, often looking for drugs in people's homes. Many search warrants are executed by militarized "dynamic entry" teams who violently conduct raids late at night with little or no warning, guns drawn. These raids have killed and injured hundreds of people nationwide-not just suspects but also officers and bystanders. Protests erupt in response, the community divides, and trust in institutions crumbles.
Legislative and executive policy can reduce the violence of search warrant executions, but could there also be a judicial option? This Article explores one such option: nullification. …
Downgrading Superprecedents, R. George Wright
Downgrading Superprecedents, R. George Wright
West Virginia Law Review
No abstract provided.
Mandating Meaningful Forensic Discovery: A Proposal To Fuel The Engine Of Truthfulness, Marjorie Mcdiarmid
Mandating Meaningful Forensic Discovery: A Proposal To Fuel The Engine Of Truthfulness, Marjorie Mcdiarmid
Faculty & Staff Scholarship
No abstract provided.
Introduction To The West Virginia Law Review Flawed Forensics And Innocence Symposium, Valena E. Beety
Introduction To The West Virginia Law Review Flawed Forensics And Innocence Symposium, Valena E. Beety
West Virginia Law Review
No abstract provided.
An Analysis Of The Legal And Practical Implications Of The Potential Increased Participation In Jury Service By Racial Minorities In The U.S. Criminal Justice System, Brian Keith Leonard
An Analysis Of The Legal And Practical Implications Of The Potential Increased Participation In Jury Service By Racial Minorities In The U.S. Criminal Justice System, Brian Keith Leonard
West Virginia Law Review
No abstract provided.
The Linchpin Of Identification Evidence: The Unreliability Of Eyewitnesses And The Need For Reform In West Virginia, Jared T. Dotson
The Linchpin Of Identification Evidence: The Unreliability Of Eyewitnesses And The Need For Reform In West Virginia, Jared T. Dotson
West Virginia Law Review
No abstract provided.
A Good Name: Applying Regulatory Takings Analysis To Reputation Damage Caused By Criminal History, Jamila Jefferson-Jones
A Good Name: Applying Regulatory Takings Analysis To Reputation Damage Caused By Criminal History, Jamila Jefferson-Jones
West Virginia Law Review
No abstract provided.
The Wrong Kind Of Innocence: Why United States V. Begay Warrants The Extension Of "Actual Innocence" To Exclude Erroneous, Non-Capital Sentences, Greg Siepel
West Virginia Law Review
No abstract provided.
Drawing The Line At Atkins And Roper: The Case Against Additional Categorical Exemptions From Capital Punishment For Offenders With Conditions Affecting Brain Function, Mark E. Coon
West Virginia Law Review
No abstract provided.
Once, Twice, Three Times A Victim: Why A Defendant In A Sexual Assault Case Has No Right To Compel Physical Examinations, Jenny M. Flanigan
Once, Twice, Three Times A Victim: Why A Defendant In A Sexual Assault Case Has No Right To Compel Physical Examinations, Jenny M. Flanigan
West Virginia Law Review
No abstract provided.
Civilizing Criminal Sanctions - A Practical Analysis Of Civil Asset Forfeiture Under The West Virginia Contraband Forfeiture Act, Joseph Cramer
Civilizing Criminal Sanctions - A Practical Analysis Of Civil Asset Forfeiture Under The West Virginia Contraband Forfeiture Act, Joseph Cramer
West Virginia Law Review
No abstract provided.
A Door Closed: The Right To Full Appellate Review Of Sentences Of Life Imprisonment Without Parole In West Virginia, Linnsey Evick
A Door Closed: The Right To Full Appellate Review Of Sentences Of Life Imprisonment Without Parole In West Virginia, Linnsey Evick
West Virginia Law Review
No abstract provided.
What Is So "Grand" About The West Virginia Grand Jury System? A Desperate Need For Reform After The Duek Lacrosse Rape Scandal, Nicholas James
What Is So "Grand" About The West Virginia Grand Jury System? A Desperate Need For Reform After The Duek Lacrosse Rape Scandal, Nicholas James
West Virginia Law Review
No abstract provided.
Doubting Demaree: The Application Of Ex Post Facto Principles To The United States Sentencing Guidelines After United States V. Booker, James R. Dillon
Doubting Demaree: The Application Of Ex Post Facto Principles To The United States Sentencing Guidelines After United States V. Booker, James R. Dillon
West Virginia Law Review
No abstract provided.
The Youngblood Success Stories: Overcoming The "Bad Faith" Destruction Of Evidence Standard, Teresa N. Chen
The Youngblood Success Stories: Overcoming The "Bad Faith" Destruction Of Evidence Standard, Teresa N. Chen
West Virginia Law Review
No abstract provided.
Unraveling Ring V. Arizona: Balancing Judicial Sentencing Enhancements With The Sixth Amendment In Capital Punishment Schemes, Daren S. Koudele
Unraveling Ring V. Arizona: Balancing Judicial Sentencing Enhancements With The Sixth Amendment In Capital Punishment Schemes, Daren S. Koudele
West Virginia Law Review
No abstract provided.
Federal Criminal Prosecutions And The Right To Consular Notification Under Article 36 Of The Vienna Convention, Roberto Iraola
Federal Criminal Prosecutions And The Right To Consular Notification Under Article 36 Of The Vienna Convention, Roberto Iraola
West Virginia Law Review
No abstract provided.
Criminal Procedure, Robin Jean Davis, Louis J. Palmer Jr.
Criminal Procedure, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Civil And Criminal Contempt Law, Robin Jean Davis, Louis J. Palmer Jr.
Civil And Criminal Contempt Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Common Law Tort Immunity For State Officials In West Virginia After The Parkulo V. West Virginia Board Of Probation Decision, Grant P.H. Shuman
Common Law Tort Immunity For State Officials In West Virginia After The Parkulo V. West Virginia Board Of Probation Decision, Grant P.H. Shuman
West Virginia Law Review
No abstract provided.
From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh Goodmark
From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh Goodmark
West Virginia Law Review
No abstract provided.
Criminal Procedure, Robin Jean Davis, Louis J. Palmer Jr.
Criminal Procedure, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase
West Virginia Law Review
No abstract provided.
The American Adversary System, William T. Pizzi
The American Adversary System, William T. Pizzi
West Virginia Law Review
No abstract provided.
European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel
European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel
West Virginia Law Review
No abstract provided.
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler
West Virginia Law Review
No abstract provided.
Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger
Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger
West Virginia Law Review
No abstract provided.
Can You Lie To The Government And Get Away With It--The Exculpatory-No Defense Under 18 U.S.C. 1001, Stephen Michael Everhart
Can You Lie To The Government And Get Away With It--The Exculpatory-No Defense Under 18 U.S.C. 1001, Stephen Michael Everhart
West Virginia Law Review
No abstract provided.