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Criminal Procedure

2003

Journal

Institution
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Articles 1 - 30 of 57

Full-Text Articles in Law

Criminal Law And Criminal Procedure, John O. Cole, Bonnie K. Cole Dec 2003

Criminal Law And Criminal Procedure, John O. Cole, Bonnie K. Cole

Mercer Law Review

In reading over 900 cases in criminal law and criminal procedure during the survey period, the fact that courts find the time to carefully analyze the allegations of error in each case is striking. The difference in the quality of the courts' work is especially striking when compared to the courts of twenty years ago.

Several themes emerge after reading these cases. The first theme is the number of specious arguments raised on appeal. This is due, in large part, to the Georgia Supreme Court's opinion in Huguley v. State in which the court disapproved Anders motions and forced attorneys …


Death Penalty Law, Michael Mears, Holly Geerdes Dec 2003

Death Penalty Law, Michael Mears, Holly Geerdes

Mercer Law Review

This Article surveys the death penalty decisions of the Georgia Supreme Court from June 1, 2002 through May 31, 2003.' 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. Four recent decisions of the Supreme Court of the United States are included


Criminal Law, Marla Graff Decker, Stephen R. Mccullough Nov 2003

Criminal Law, Marla Graff Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.


"She Breaks Just Like A Little Girl": Neonaticide, The Insanity Defense, And The Irrelevance Of "Ordinary Common Sense", Michael L. Perlin Oct 2003

"She Breaks Just Like A Little Girl": Neonaticide, The Insanity Defense, And The Irrelevance Of "Ordinary Common Sense", Michael L. Perlin

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Preface, Brent E. Newton Oct 2003

Preface, Brent E. Newton

The Journal of Appellate Practice and Process

No abstract provided.


Representing Death-Sentence Appellants, Charles B. Blackmar Oct 2003

Representing Death-Sentence Appellants, Charles B. Blackmar

The Journal of Appellate Practice and Process

No abstract provided.


Intelligence Testing And Atkins: Considerations For Appellate Courts And Appellate Lawyers, Lajuana Davis Oct 2003

Intelligence Testing And Atkins: Considerations For Appellate Courts And Appellate Lawyers, Lajuana Davis

The Journal of Appellate Practice and Process

No abstract provided.


The Revised Aba Guidelines And The Duties Of Lawyers And Judges In Capital Post-Conviction Proceedings, Eric M. Freedman Oct 2003

The Revised Aba Guidelines And The Duties Of Lawyers And Judges In Capital Post-Conviction Proceedings, Eric M. Freedman

The Journal of Appellate Practice and Process

No abstract provided.


Effective Performance Guarantees For Capital State Post-Conviction Counsel: Cutting The Gordian Knot, Andrew Hammel Oct 2003

Effective Performance Guarantees For Capital State Post-Conviction Counsel: Cutting The Gordian Knot, Andrew Hammel

The Journal of Appellate Practice and Process

No abstract provided.


Jurors' Perceptions Of Gender-Biased Linguistic Differences, Monica Hersh Khetarpal Sholar Oct 2003

Jurors' Perceptions Of Gender-Biased Linguistic Differences, Monica Hersh Khetarpal Sholar

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Life's Uncertainties: How To Deal With Cooperating Witnesses And Jailhouse Snitches, C. Blaine Elliott Sep 2003

Life's Uncertainties: How To Deal With Cooperating Witnesses And Jailhouse Snitches, C. Blaine Elliott

Capital Defense Journal

No abstract provided.


Capital Retrials And Resentencing: Whether To Appeal And Resentencing Fairness, Whitnan J. Hou Sep 2003

Capital Retrials And Resentencing: Whether To Appeal And Resentencing Fairness, Whitnan J. Hou

Capital Defense Journal

No abstract provided.


Building The Case For Life: A Mitigation Specialist As A Necessity And A Matter Of Right, Daniel L. Payne Sep 2003

Building The Case For Life: A Mitigation Specialist As A Necessity And A Matter Of Right, Daniel L. Payne

Capital Defense Journal

No abstract provided.


The Commandeering Of Free Will: Brainwashing As A Legitimate Defense, Ida-Gaye Warburton Sep 2003

The Commandeering Of Free Will: Brainwashing As A Legitimate Defense, Ida-Gaye Warburton

Capital Defense Journal

No abstract provided.


Miranda'S Poisoned Fruit Tree: The Admissibility Of Physicial Evidence Derived From An Unwarned Statement, Kirsten Lela Ambach Aug 2003

Miranda'S Poisoned Fruit Tree: The Admissibility Of Physicial Evidence Derived From An Unwarned Statement, Kirsten Lela Ambach

Washington Law Review

Miranda v. Arizona created an exclusionary rule that prohibits using, as part of the prosecution's case in chief, evidence that is obtained as the result of unwarned custodial interrogation. In Michigan v. Tucker and Oregon v. Elstad, the United States Supreme Court narrowed the scope of this rule in relation to the "fruit of the poisonous tree" doctrine that excludes all evidence derived from constitutional violations. The Tucker Court held that the testimony of a witness identified from an unwarned statement should be admitted, and the Elstad Court held that a warned statement following an unwarned statement should also …


Access To Search Warrant Materials: Balancing Competing Interests Pre-Indictment, Michael D. Johnson, Anne E. Gardner Jul 2003

Access To Search Warrant Materials: Balancing Competing Interests Pre-Indictment, Michael D. Johnson, Anne E. Gardner

University of Arkansas at Little Rock Law Review

No abstract provided.


Habeas Standards Of Review Under 28 U.S.C. § 2254(D)(1): A Commentary On Statutory Text And Supreme Court Precedent, Allan Ides Jun 2003

Habeas Standards Of Review Under 28 U.S.C. § 2254(D)(1): A Commentary On Statutory Text And Supreme Court Precedent, Allan Ides

Washington and Lee Law Review

No abstract provided.


Atkins V. Virginia: The Court's Failure To Recognize What Lies Beneath, Jaime L. Henshaw May 2003

Atkins V. Virginia: The Court's Failure To Recognize What Lies Beneath, Jaime L. Henshaw

University of Richmond Law Review

No abstract provided.


Recognizing All Critical Stages In Criminal Proceedings: The Violation Of The Sixth Amendment By Utah In Not Allowing Defendants The Right To Counsel At Parole Hearings, Amanda N. Montague May 2003

Recognizing All Critical Stages In Criminal Proceedings: The Violation Of The Sixth Amendment By Utah In Not Allowing Defendants The Right To Counsel At Parole Hearings, Amanda N. Montague

Brigham Young University Journal of Public Law

No abstract provided.


A Is Not A: Washington's Unconstitutional Law Of Single-Count, Single-Defendant Inconsistent Verdicts In State V. Goins, Natasha Shekdar Black May 2003

A Is Not A: Washington's Unconstitutional Law Of Single-Count, Single-Defendant Inconsistent Verdicts In State V. Goins, Natasha Shekdar Black

Washington Law Review

In State v. Goins, Division I of the Washington State Court of Appeals upheld inconsistent general and special verdicts on the same charge, even though the special verdict finding negated an element of the crime. The Goins court reasoned that the United States Supreme Court and the Washington State Supreme Court had previously upheld inconsistent verdicts in various contexts because the verdicts could have been the result of jury lenity. Therefore, overruling existing precedent, the Goins court upheld the inconsistent verdicts on the ground that distinguishing the Goins context would be elevating form over substance. This Note argues that …


Trends. Social Cognition And The Legal Adjudication Of Terrorism Cases, Ibpp Editor Apr 2003

Trends. Social Cognition And The Legal Adjudication Of Terrorism Cases, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses the impact of terrorism on the justice system and security.


I Couldn't Wait To Argue, Timothy Coates Apr 2003

I Couldn't Wait To Argue, Timothy Coates

The Journal of Appellate Practice and Process

No abstract provided.


Public Rights, Private Rites: Reliving Richmond Newspapers For My Father, Laurence H. Tribe Apr 2003

Public Rights, Private Rites: Reliving Richmond Newspapers For My Father, Laurence H. Tribe

The Journal of Appellate Practice and Process

No abstract provided.


Minority Shareholder, Minority Citizen: A Perspective Piece, Anthony Briggs Apr 2003

Minority Shareholder, Minority Citizen: A Perspective Piece, Anthony Briggs

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Twice Grilled, J. Thomas Sullivan Apr 2003

Twice Grilled, J. Thomas Sullivan

The Journal of Appellate Practice and Process

No abstract provided.


Colburn V. Texas 123 S. Ct. 968 (2003)(Mem.) Mar 2003

Colburn V. Texas 123 S. Ct. 968 (2003)(Mem.)

Capital Defense Journal

No abstract provided.


Va. Code Ann. S 19.2-327.01 Mar 2003

Va. Code Ann. S 19.2-327.01

Capital Defense Journal

No abstract provided.


Bramblett V. True No. 02-3, 2003 Wl 58283, At *1 (4th Cir. Jan. 8, 2003) Mar 2003

Bramblett V. True No. 02-3, 2003 Wl 58283, At *1 (4th Cir. Jan. 8, 2003)

Capital Defense Journal

No abstract provided.


The Faint Shadow Of The Sixth Amendment: Substantial Imbalance In Evidence-Gathering Capacity Abroad Under The U.S.-P.R.C. Mutual Legal Assistance Agreement In Criminal Matters, David Whedbee Mar 2003

The Faint Shadow Of The Sixth Amendment: Substantial Imbalance In Evidence-Gathering Capacity Abroad Under The U.S.-P.R.C. Mutual Legal Assistance Agreement In Criminal Matters, David Whedbee

Washington International Law Journal

Transnational organized crime has an adverse impact on the United States and the People's Republic of China. In the last thirty years, the mutual legal assistance agreement has emerged as an effective mechanism to streamline international judicial assistance in combating borderless crime. The accretion of these agreements has created a growing web of bilateral obligations that links sovereign jurisdictions. The U.S.-P.R.C. mutual legal assistance agreement (the "U.S.-P.R.C. MLAA") furthers U.S. interests by facilitating U.S. Attomeys' access to physical evidence and witnesses in the People's Republic of China. Significantly, the political offense exception in the U.S.-P.R.C. agreement permits U.S. authorities to …


The Faint Shadow Of The Sixth Amendment: Substantial Imbalance In Evidence-Gathering Capacity Abroad Under The U.S.-P.R.C. Mutual Legal Assistance Agreement In Criminal Matters, David Whedbee Mar 2003

The Faint Shadow Of The Sixth Amendment: Substantial Imbalance In Evidence-Gathering Capacity Abroad Under The U.S.-P.R.C. Mutual Legal Assistance Agreement In Criminal Matters, David Whedbee

Washington International Law Journal

Transnational organized crime has an adverse impact on the United States and the People's Republic of China. In the last thirty years, the mutual legal assistance agreement has emerged as an effective mechanism to streamline international judicial assistance in combating borderless crime. The accretion of these agreements has created a growing web of bilateral obligations that links sovereign jurisdictions. The U.S.-P.R.C. mutual legal assistance agreement (the "U.S.-P.R.C. MLAA") furthers U.S. interests by facilitating U.S. Attomeys' access to physical evidence and witnesses in the People's Republic of China. Significantly, the political offense exception in the U.S.-P.R.C. agreement permits U.S. authorities to …