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Criminal Procedure Commons™

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2004

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Articles 181 - 210 of 224

Full-Text Articles in Criminal Procedure

The Confrontation Clause Re-Rooted And Transformed, Richard D. Friedman Jan 2004

The Confrontation Clause Re-Rooted And Transformed, Richard D. Friedman

Articles

For several centuries, prosecution witnesses in criminal cases have given their testimony under oath, face to face with the accused, and subject to cross-examination at trial. The Confrontation Clause of the Sixth Amendment to the U.S. Constitution guarantees the procedure, providing that ‘‘[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witness against him.’’ In recent decades, however, judicial protection of the right has been lax, because the U.S. Supreme Court has tolerated admission of outof- court statements against the accused, without cross-examination, if the statements are deemed ‘‘reliable’’ or ‘‘trustworthy.’’ …

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Face To Face': Rediscovering The Right To Confront Prosecution Witnesses, Richard D. Friedman Jan 2004

Face To Face': Rediscovering The Right To Confront Prosecution Witnesses, Richard D. Friedman

Articles

The Sixth Amendment to the United States Constitution protects the right of an accused 'to confront the witnesses against him'. The United States Supreme Court has treated this Confrontation Clause as a broad but rather easily rebuttable rule against using hearsay on behalf of a criminal prosecution; with respect to most hearsay, the exclusionary rule is overcome if the court is persuaded that the statement is sufficiently reliable, and the court can reach that conclusion if the statement fits within a 'firmly rooted' hearsay exception. This article argues that this framework should be abandoned. The clause should not be regarded …

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The Sexual Assault Crisis In The United States Air Force Academy, Colleen Dalton Jan 2004

The Sexual Assault Crisis In The United States Air Force Academy, Colleen Dalton

Cardozo Journal of Equal Rights & Social Justice

The note examines the systemic crisis of sexual assault at the United States Air Force Academy, highlighting how military culture, legal frameworks, and institutional failures perpetuate this issue. It argues that comprehensive legal and cultural reforms are necessary to address the pervasive gender discrimination and retaliation against victims. The analysis emphasizes the need for Congress to modernize the Uniform Code of Military Justice and for the military to adopt a model that promotes gender equality and accountability.

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Beyond Blakely, Nancy J. King, Susan Riva Klein Jan 2004

Beyond Blakely, Nancy J. King, Susan Riva Klein

Vanderbilt Law School Faculty Publications

Federal criminal sentencing in the wake of Blakely v. Washington is, to put it charitably, a mess. In holding that Blakely's sentence under the Washington State Sentencing Guidelines was imposed in a manner inconsistent with the Sixth Amendment right to a jury trial, the decision threatens the operation of the Federal Sentencing Guidelines and the presumptive sentencing systems in fourteen states. In Parts I and II of this article, we address how Blakely has affected the Federal Sentencing Guidelines, and how assistant U.S. attorneys, federal public defenders, and district and appellate court judges might proceed in a post-Blakely world. In …

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Felony Jury Sentencing In Practice: A Three-State Study, Nancy J. King, Rosevelt L. Noble Jan 2004

Felony Jury Sentencing In Practice: A Three-State Study, Nancy J. King, Rosevelt L. Noble

Vanderbilt Law School Faculty Publications

Jury sentencing in non-capital cases is one of the least understood procedures in contemporary American criminal justice. This Article looks beyond idealized visions of jury sentencing to examine for the first time how felony jury sentencing actually operates in three different states - Kentucky, Virginia, and Arkansas. Dozens of interviews with prosecutors, defenders, and judges, as well as an analysis of state sentencing data, reveal that this neglected corner of state criminal justice provides a unique window through which one can observe some of the most fundamental forces operating in criminal adjudication today. It turns out that jury sentencing in …

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Lawrence And Garner: The Love (Or At Least Sexual Attraction) That Finally Dared Speak Its Name, Paris R. Baldacci Jan 2004

Lawrence And Garner: The Love (Or At Least Sexual Attraction) That Finally Dared Speak Its Name, Paris R. Baldacci

Cardozo Journal of Equal Rights & Social Justice

The article examines the legal evolution from *Bowers v. Hardwick* to Lawrence v. Texas, highlighting how the latter marked a pivotal shift in recognizing LGBTQ+ rights by emphasizing personal autonomy and dignity. It underscores the significance of narrative strategies in shaping judicial decisions, particularly in *Lawrence*, where the plaintiffs' personal stories influenced the Court's ruling.

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The Battle To Establish An Adversarial Trial System In Italy, William T. Pizzi, Mariangela Montagna Jan 2004

The Battle To Establish An Adversarial Trial System In Italy, William T. Pizzi, Mariangela Montagna

Publications

No abstract provided.

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Tribute To Yale Kamisar, Ruth Bader Ginsburg Jan 2004

Tribute To Yale Kamisar, Ruth Bader Ginsburg

Michigan Law Review

When the editors of this issue told me of Professor Yale Kamisar's decision to retire from full-time teaching after a near half century of law faculty service, two thoughts came immediately to mind. First, I thought of the large loss to Michigan students unable to attend his classes and to faculty colleagues at Ann Arbor unable routinely to engage his bright mind. Second, I thought it altogether right for the Michigan Law Review to publish an issue honoring one of the Law School's most prized professors. When invited to write a tribute, I could not resist saying yes.

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Yale Kamisar The Teacher, Jeffrey S. Lehman Jan 2004

Yale Kamisar The Teacher, Jeffrey S. Lehman

Michigan Law Review

I first heard Yale Kamisar's name in the spring of 1977 while deciding where to go to law school. The then Dean of Admissions at Michigan suggested I call a graduate practicing law near me in upstate New York. The graduate eloquently endorsed Michigan. But what impressed me most was his statement, "When you go to Michigan you must be sure to take a course from a professor named Yale Kamisar. That course changed the way I thought about law. Every day we'd go to class and talk about interesting cases and I was always confused. But at the very …

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Saying Goodbye To A Legend: A Tribute To Yale Kamisar - My Mentor, Teacher, And Friend, Eve Brensike Primus Jan 2004

Saying Goodbye To A Legend: A Tribute To Yale Kamisar - My Mentor, Teacher, And Friend, Eve Brensike Primus

Michigan Law Review

I remember it as though it was yesterday - dozens of students filing into Hutchins Hall for their first criminal procedure class. The legendary Yale Kamisar walked briskly to the front of the room, his upper body moving first slightly forward and then ever so slightly backward in almost a rocking manner. He carried nothing except for a two-inch black notebook, tattered at the edges and marked with brightly colored tabs protruding from each page. Paying no attention to the hundreds of eyes fixed on his every move, he dropped the notebook on the podium, stepped up to the blackboard, …

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Publications By Professor Yale Kamisar, Michigan Law Review Jan 2004

Publications By Professor Yale Kamisar, Michigan Law Review

Michigan Law Review

A bibliography of publications by Yale Kamisar.

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The "Routine Traffic Stop" From Start To Finish: Too Much "Routine," Not Enough Fourth Amendment, Wayne R. Lafave Jan 2004

The "Routine Traffic Stop" From Start To Finish: Too Much "Routine," Not Enough Fourth Amendment, Wayne R. Lafave

Michigan Law Review

Yale Kamisar, about which I have said too much elsewhere in this issue of the Review, could rightly be called "Mr. Confessions," for he has not only authored books and a host of articles on the subject of police interrogation, but for years has been printing Miranda cards in his basement and selling them to police departments all across the nation. Moreover, he may be the only law professor in the country who has both personally coerced a confession and had a confession coerced out of him. As Kamisar has himself noted, my own "intellectual sandbox" has been the …

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A Deadly Dilemma: Choices By Attorneys Representing "Innocent" Capital Defendants, Welsh S. White Jan 2004

A Deadly Dilemma: Choices By Attorneys Representing "Innocent" Capital Defendants, Welsh S. White

Michigan Law Review

A lawyer who represents a capital defendant with a strong innocence claim must allocate her resources between the separate guilt and penalty phases of the capital case. Expending resources in preparation for a penalty trial may result in less attention to securing the acquittal on the capital charge at the guilt trial that would make the penalty phase moot. But focusing primarily on proving the defendant's innocence at the guilt trial means less preparation in the case of a guilty verdict. Once a defendant is convicted of a capital offense, a lawyer must also make strategic decisions about the penalty …

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Summary Of Ebeling V. State, 120 Nev. Adv. Rep. 50, Scott Whittemore Jan 2004

Summary Of Ebeling V. State, 120 Nev. Adv. Rep. 50, Scott Whittemore

Nevada Supreme Court Summaries

The defendant contended that the district court erred in sentencing him on redundant convictions.

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Summary Of Johnson V. State, Christina H. Wang Jan 2004

Summary Of Johnson V. State, Christina H. Wang

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, pursuant to a guilty plea, of two counts of uttering a forged instrument and one count of principal to commit uttering a forged instrument.

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Summary Of Mcconnell V. State, 120 Nev. Adv. Rep. 105, Nevada Law Journal Jan 2004

Summary Of Mcconnell V. State, 120 Nev. Adv. Rep. 105, Nevada Law Journal

Nevada Supreme Court Summaries

Appellant Robert McConnell murdered Brian Pierce in August 2002. The State of Nevada charged McConnell with first-degree murder and sought capital sentencing. The State alleged two theories: deliberate, premeditated murder and felony murder during the perpetration of a burglary. McConnell represented himself, pleaded guilty to first-degree murder, and presented a case in mitigation at his penalty hearing. The jury returned a sentence of death. Initially, McConnell moved to waive his appeal but eventually reconsidered and authorized counsel to fully brief all issues on appeal. Specifically, McConnell challenged the propriety of his penalty hearing and death sentence on various grounds. The …

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Summary Of Means V. State, 120 Nev. Adv. Op. 101, Justin L. Carley Jan 2004

Summary Of Means V. State, 120 Nev. Adv. Op. 101, Justin L. Carley

Nevada Supreme Court Summaries

Clyde Means was charged with one count of open or gross lewdness and three counts of sexual assault upon his nineteen year old son. At trial, the jury was empaneled but the district court conducted a hearing to determine the admissibility of Means’ prior bad acts. Because the district court ruled that the acts were admissible, Means, through his attorneys, negotiated a plea bargain. Means would plead guilty to one count of sexual assault in exchange for dismissal of the other charges. Means was informed that he would face two to twenty years in prison, fines, and be required to …

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Summary Of Pineda V. State, 120 Nev. Adv. Rep 24, James Davis Jan 2004

Summary Of Pineda V. State, 120 Nev. Adv. Rep 24, James Davis

Nevada Supreme Court Summaries

Appellant appealed his jury conviction of second-degree murder in the Second Judicial District Court. Appellant raised three issues on appeal. They were: (1) Whether the defendant waived his right to appeal the court’s ruling in limine that his prior felony conviction could be used for impeachment purposes when he introduced his convictions during direct examination. (2) Whether the proper “self-defense” jury instruction was provided to the jury, over the defendants proposed, but rejected, alternative jury instructions. (3) Whether expert testimony is admissible during the penalty phase, when the prospective expert has only generalized knowledge regarding the specifics of the case.

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Summary Of Rudin V. State, 120 Nev. Adv. Rep. 17, Mike Feliciano Jan 2004

Summary Of Rudin V. State, 120 Nev. Adv. Rep. 17, Mike Feliciano

Nevada Supreme Court Summaries

Appellant Margaret Rudin (Rudin) married her husband, Ron, in September of 1987. In January of 1995, Ron’s remains were discovered at Lake Mohave, he apparently had been murdered. Shortly after the discovery of her husband’s body, Rudin boarded a plane to St. Louis, Missouri. On April 17, 1997, Rudin was indicted by the Clark County grand jury on three counts for (1) unauthorized surreptitious intrusion of privacy by listening device, (2) murder with the use of a deadly weapon and (3) accessory to murder. A warrant was then issued for her arrest. Rudin was subsequently apprehended in Massachusetts in November …

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Summary Of State V. Williams, 120 Nev. Adv. Rep. 52, Scott Whittemore Jan 2004

Summary Of State V. Williams, 120 Nev. Adv. Rep. 52, Scott Whittemore

Nevada Supreme Court Summaries

Following her conviction for six counts of driving with prohibited substance in blood or urine, one count of use of controlled substance, and one count of possession of controlled substance, petitioner sought writ of habeas corpus.

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Summary Of Vest V. State, 120 Nev. Ad. Op. 75, Amanda Yen Jan 2004

Summary Of Vest V. State, 120 Nev. Ad. Op. 75, Amanda Yen

Nevada Supreme Court Summaries

This case was an appeal from a judgment of conviction, entered pursuant to a jury verdict of one count of burglary, one count of obtaining and using personal identification information of another, one count of fraudulent use of a credit or debit card, and eight counts of possession of a credit card without the cardholder’s consent.

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Summary Of Zabeti V. State, 120 Nev. Adv. Rep. 60, Z. Ryan Pahnke Jan 2004

Summary Of Zabeti V. State, 120 Nev. Adv. Rep. 60, Z. Ryan Pahnke

Nevada Supreme Court Summaries

After the Eighth Judicial District Court denied defendant’s motion to suppress evidence, he was convicted on a jury’s verdict of possession of a controlled substance. Defendant appealed.

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The Crawford Transformation, Richard D. Friedman Jan 2004

The Crawford Transformation, Richard D. Friedman

Articles

Crawford v. Washington, 124 S. Ct. 1354 (2004), is one of the most dramatic Evidence cases in recent history, radically transforming the doctrine governing the Confrontation Clause of the Sixth Amendment to the U.S. Constitution. Crawford is a very positive development, but leaves many open questions - and forces Evidence teachers to rethink how they teach hearsay and confrontation.

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Face To Face With The Right Of Confrontation, Richard D. Friedman Jan 2004

Face To Face With The Right Of Confrontation, Richard D. Friedman

Other Publications

This article is an edited excerpt from the amicus curiae brief filed in Crawford v. Washington, heard before the United States Supreme Court on November 10, 2003. Prof. Friedman wrote the brief for the Court.

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Summary Of Browning V. State, 120 Nev. Adv. Rep. 39, Nevada Law Journal Jan 2004

Summary Of Browning V. State, 120 Nev. Adv. Rep. 39, Nevada Law Journal

Nevada Supreme Court Summaries

Appeal from a petition for post-conviction relief dismissed by the Eighth Judicial District Court, State of Nevada, finding that Petitioner “received effective assistance of counsel and that his other claims were procedurally barred.”

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Summary Of Kaczmarek V. State, 120 Nev. Adv. Rep. 37, James Davis Jan 2004

Summary Of Kaczmarek V. State, 120 Nev. Adv. Rep. 37, James Davis

Nevada Supreme Court Summaries

Appeal from a conviction and sentence of death by jury trial in the Eighth Judicial District Court, State of Nevada, finding the Petitioner “guilty of burglary, robbery, first-degree kidnapping, and first degree murder, all committed with the assistance of a child.”

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Summary Of Lara V. State, 120 Nev. Adv. Op. No. 20, Hilary Barrett Muckleroy Jan 2004

Summary Of Lara V. State, 120 Nev. Adv. Op. No. 20, Hilary Barrett Muckleroy

Nevada Supreme Court Summaries

Appeal from a district court order denying a post-conviction petition for a write of habeas corpus.

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Summary Of Martinez V. State, Scott Whittemore Jan 2004

Summary Of Martinez V. State, Scott Whittemore

Nevada Supreme Court Summaries

Gina Martinez appealed a district court order denying her motion for return of money deposited as bail.

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Summary Of Roberts V. State, Christina H. Wang Jan 2004

Summary Of Roberts V. State, Christina H. Wang

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, pursuant to a guilty plea, of one count of possession of a controlled substance

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Summary Of State V. Catanio, 120 Nev. Adv. Rep. 103, Christopher Carson Jan 2004

Summary Of State V. Catanio, 120 Nev. Adv. Rep. 103, Christopher Carson

Nevada Supreme Court Summaries

This case was an appeal by the State from a district court order dismissing charges of lewdness with a minor for failure to meet an essential element of the test laid out in NRS 201.230. Catanio worked as a teacher’s aide and volunteer track coach at a middle school in Reno, Nevada. During the fall of 2002, Catanio befriended three young boys and began giving them gifts on a daily basis. The gifts escalated from candy to more elaborate, personal and inappropriate objects including video game systems, air pistols, pornographic material and condoms. In December 2002, Catanio escalated the relationship …

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