Law Commons^™

Criminal Law, Charles H. Weston, Walker P. Johnson Jr.

Mercer Law Review

The several hundred criminal cases decided by the Georgia Supreme Court and the Georgia Court of Appeals have been gleaned in an effort to present what we believe are the most interesting and informative. As we went through these cases, one thing became evident: Some relief must be given to the courts in their monumental task of hearing an increasing number of appeals and writs.

In categorizing the cases, we have used broad characterization in some instances but have headlined a very narrow point in others. In any event, the heading should point a reader in the right direction.

'Materiality' Limits Prosecutors' Duty To Disclose Exculpatory Evidence To Defense, James K. Knight Jr.

Mercer Law Review

In United States v. Agurs, the U.S. Supreme Court held for the first time that criminal prosecutors have a constitutional duty to voluntarily disclose exculpatory evidence to a defendant even when the defense doesn't request such evidence. The Court, however, limited the scope of this new obligation by narrowly defining the category of material evidence to which it applies. It held that the duty arises only when the exculpatory evidence is so material that had it been disclosed, its use at trial would have created a reasonable doubt of the defendant's guilt that did not otherwise exist.

Respondent Agurs …

Constitutional-Criminal Law, J. Michael Walls

Mercer Law Review

The purpose of this article is to provide a discussion of the most interesting and noteworthy cases decided by the Fifth Circuit during 1975 in the area of constitutional criminal law. Although this circuit rendered approximately two hundred criminal opinions involving the constitutional protections guaranteed in the criminal process, relatively few cases dominated this field. Because of the importance of these cases, the author felt compelled to provide a fairly in depth treatment of several more significant decisions. However, in so doing every effort was made to avoid straying from the primary purpose of the article which is to survey …

The Automobile Exception: What It Is And What It Is Not -- A Rationale In Search Of A Clearer Label, Charles E. Moylan Jr.

Mercer Law Review

The so-called "automobile exception" to the warrant requirement of the fourth amendment would pose few conceptual difficulties but for the simplistic assumption on the part of many lawyers and judges that the "automobile exception" has something to do with automobiles. It is the burden of this article to establish that that is not necessarily so. There are many legitimate warrantless searches of automobiles that do not remotely involve the "automobile exception." Conversely, there are some legitimate warrantless searches of non-automobiles that do. Our only real problem is that of coming to grips with the word "automobile."

"Automobile" means one thing …

Constitutional Law--Resumption Of Questioning After Right To Remain Silent Has Been Exercised, L. Lin Wood Jr.

Mercer Law Review

In Michigan v. Mosley the United States Supreme Court broadly held that the admissibility of statements obtained after a person in custody has decided to remain silent depends, under Miranda v. Arizona, on whether his "right to cut off questioning" was "scrupulously honored." The Court held: where an interrogation is immediately ceased when a fully informed suspect exercises his right to remain silent; a significant lapse of time passes before questioning is resumed; a fresh set of warnings is provided; and the questioning concerns an offense unrelated to the subject of the prior interrogation, then the defendant's right to cut …

Criminal Law--Due Process--Burden Is On The State To Affirmatively Prove Lack Of License In Prosecution For Carrying Pistol Without A License, Robert V. Rodatus

Mercer Law Review

No abstract provided.