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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
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
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
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
"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
Preface, Brent E. Newton
The Journal of Appellate Practice and Process
No abstract provided.
Representing Death-Sentence Appellants, Charles B. Blackmar
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
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
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
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
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
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
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
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
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
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
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
Washington and Lee Law Review
No abstract provided.
Atkins V. Virginia: The Court's Failure To Recognize What Lies Beneath, Jaime L. Henshaw
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
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
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
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
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
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
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
Twice Grilled, J. Thomas Sullivan
The Journal of Appellate Practice and Process
No abstract provided.
Colburn V. Texas 123 S. Ct. 968 (2003)(Mem.)
Colburn V. Texas 123 S. Ct. 968 (2003)(Mem.)
Capital Defense Journal
No abstract provided.
Bramblett V. True No. 02-3, 2003 Wl 58283, At *1 (4th Cir. Jan. 8, 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
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
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 …