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Full-Text Articles in Law
Criminal Procedure - United States V. Nordby, Adriano Hrvatin
Criminal Procedure - United States V. Nordby, Adriano Hrvatin
Golden Gate University Law Review
The Nordby court held that a finding of drug quantity under 21 U.S.C. § 841(b) by the district court at sentencing pursuant to a preponderance of the evidence violated the Due Process Clause of the Fifth Amendment and the notice and jury-trial guarantees of the Sixth Amendment when drug quantity was used to increase the prescribed statutory maximum penalty. In requiring that drug quantity be submitted to the jury and proved beyond a reasonable doubt, the Ninth Circuit overruled nearly fifteen years of its own precedent.
Justice Carter’S Role In The Caryl Chessman Cases: Due Process Matters, Susan Rutberg
Justice Carter’S Role In The Caryl Chessman Cases: Due Process Matters, Susan Rutberg
Publications
No abstract provided.
Waiver Of The Right To Appeal, Robert K. Calhoun
Waiver Of The Right To Appeal, Robert K. Calhoun
Publications
This Article explores the legal and constitutional issues raised by appeal waivers. Section I analyzes the current state of the case law. Section II explores the due process challenge to appeal waivers, and concludes that such a challenge would be difficult to sustain given the current state of due process law. It, nonetheless, goes on to suggest that a key premise of due process theory as it relates to plea bargaining- the presumed equality of bargaining power between the prosecution and the defense-may be ripe for challenge. Section ill discusses the public policy arguments for and against appeal waivers, and …