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Articles 241 - 270 of 286
Full-Text Articles in Criminal Procedure
"Death Is Different" And Other Twists Of Fate, Deborah W. Denno
"Death Is Different" And Other Twists Of Fate, Deborah W. Denno
Faculty Scholarship
Professor Welsh White's book, The Death Penalty in the Nineties, reviews those United States Supreme Court decisions and developments that have occurred in the four years since the publication of his earlier book, The Death Penalty in the Eighties. In The Nineties, White claims that these recent developments, which have significantly limited capital defendants' habeas corpus appeals, are likely to increase both the rate and the geographical reach of executions which, in the past, have occurred mostly in the South. After discussing some of the analytical and methodological shortcomings of The Nineties, this review will focus on The Nineties' most …
Death-Innocence And The Law Of Habeas Corpus, Stephen P. Garvey
Death-Innocence And The Law Of Habeas Corpus, Stephen P. Garvey
Cornell Law Faculty Publications
The legal space between a sentence of death and the execution chamber is occupied by an intricate network of procedural rules. On average, it currently takes between six and seven years to traverse this space, but this interval is expected to shrink. Federal habeas corpus, an important part of this space, is studded more and more with procedural obstacles that bar the federal courts from entertaining the merits of a defendant's claims. By design, these barriers foreclose federal review in order to protect the state's interests in the finality of its criminal convictions, as well as to display healthy respect …
The Individualized-Consideration Principle And The Death Penalty As Cruel And Unusual Punishment, Ronald J. Mann
The Individualized-Consideration Principle And The Death Penalty As Cruel And Unusual Punishment, Ronald J. Mann
Faculty Scholarship
The Eighth Amendment to the United States Constitution prohibits infliction of "cruel and unusual punishments." The Supreme Court established the basic principles applying this amendment to the death penalty during a six-year period in the 1970's. First, in 1972, in Furman v. Georgia, the Court invalidated all then-existing death penalty statutes. Second, in 1976, in Gregg v. Georgia and its companions, the Court upheld some of the statutes promulgated in response to Furman but invalidated others. Finally, in 1978, in Lockett v. Ohio, the Court invalidated an Ohio statute because it failed to give the sentencer a sufficient …
The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii
The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii
Michigan Law Review
This Note argues that fee limitations deprive indigent defendants of their right to effective assistance of counsel. Part I of this Note reviews state court decisions that address Sixth Amendment challenges to fee limitations, yet fail to address the broader concerns about the appointed counsel system. Part II considers the inherent disincentives and burdens fee limitations impose on attorneys and suggests that the limits threaten the indigent accused's right to effective assistance of counsel. A comparison of the fee limitations and the time required to prepare and try a capital case reveals the gross inadequacy of statutory fee provisions. In …
Mccleskey V. Zant 111 S. Ct. 1454 (1991)
Mccleskey V. Zant 111 S. Ct. 1454 (1991)
Capital Defense Journal
No abstract provided.
Arizona V. Fulminante 111 S. Ct. 1246, (1991)
Arizona V. Fulminante 111 S. Ct. 1246, (1991)
Capital Defense Journal
No abstract provided.
Coleman V. Thompson 111 S. Ct. 2546 (1991)
Coleman V. Thompson 111 S. Ct. 2546 (1991)
Capital Defense Journal
No abstract provided.
Ford V. Georgia 111 S. Ct. 850 (1991)
Lankford V. Idaho 111 S. Ct. 1723 (1991)
Lankford V. Idaho 111 S. Ct. 1723 (1991)
Capital Defense Journal
No abstract provided.
Yates V. Evatt 111 S. Ct. 1884 (1991)
Quesinberry V. Commonwealth 241 Va. 364,402 S.E.2d 218 (1991)
Quesinberry V. Commonwealth 241 Va. 364,402 S.E.2d 218 (1991)
Capital Defense Journal
No abstract provided.
In The Aftermath Of Soering, Is Interstate Extradition To Virginia Illegal?
In The Aftermath Of Soering, Is Interstate Extradition To Virginia Illegal?
Washington and Lee Law Review
No abstract provided.
Status Of Supreme Court Case Law Helpful To Capital Defendants, Steven K. Herndon, Ginger M. Jonas
Status Of Supreme Court Case Law Helpful To Capital Defendants, Steven K. Herndon, Ginger M. Jonas
Capital Defense Journal
No abstract provided.
Drafting Petitions For The Writ Of Certiorari To The United States Supreme Court, Matthew B. Crum
Drafting Petitions For The Writ Of Certiorari To The United States Supreme Court, Matthew B. Crum
Capital Defense Journal
No abstract provided.
The Current State Of Dna Evidence, Christopher J. Lonsbury
The Current State Of Dna Evidence, Christopher J. Lonsbury
Capital Defense Journal
No abstract provided.
How To Look The Virginia Gift Horse In The Mouth: Federal Due Process And Virginia's Arbitrary Abrogation Of Capital Defendant's State-Created Rights, Otto W. Konrad
Capital Defense Journal
No abstract provided.
The Lockett Paradox: Reconciling Guided Discretion And Unguided Mitigation In Capital Sentencing, Scott E. Sundby
The Lockett Paradox: Reconciling Guided Discretion And Unguided Mitigation In Capital Sentencing, Scott E. Sundby
Articles
No abstract provided.
To Tell What We Know Or Wait For Godot?, Phoebe C. Ellsworth
To Tell What We Know Or Wait For Godot?, Phoebe C. Ellsworth
Articles
Professor Elliott raises two questions about the American Psychological Association's practice of submitting amicus briefs to the courts. First, are our data sufficiently valid, consistent, and generalizable to be applicable to the real world issues? Second, are amicus briefs adequate to communicate scientific findings? The first of these is not a general question, but must be addressed anew each time the Association considers a new issue. An evaluation of the quality and sufficiency of scientific knowledge about racial discrimination, for example, tells us nothing at all about the quality and sufficiency of scientific knowledge about sexual abuse. "Are the data …
Eaton V. Commonwealth No. 900238 (1990) (Lexis State Library, 125)
Eaton V. Commonwealth No. 900238 (1990) (Lexis State Library, 125)
Capital Defense Journal
No abstract provided.
Introduction, William S. Geimer
Cheng V. Commonwealth 240 Va. 26,393 S.E.2d 599 (1990)
Cheng V. Commonwealth 240 Va. 26,393 S.E.2d 599 (1990)
Capital Defense Journal
No abstract provided.
State Habeas In Virginia: A Critical Transition, Catherine M. Hobart
State Habeas In Virginia: A Critical Transition, Catherine M. Hobart
Capital Defense Journal
No abstract provided.
Perfecting The Record Of A Capital Case In Virginia, Robert L. Powley
Perfecting The Record Of A Capital Case In Virginia, Robert L. Powley
Capital Defense Journal
No abstract provided.
Ineffective Assistance Of Counsel, Thomas J. Marlowe
Ineffective Assistance Of Counsel, Thomas J. Marlowe
Capital Defense Journal
No abstract provided.
Critical Points In The Progress Of A Capital Case, Elizabeth A. Bennett
Critical Points In The Progress Of A Capital Case, Elizabeth A. Bennett
Capital Defense Journal
No abstract provided.
Capital Pretrial Motions: Added Dimensions, Thomas W. Plimpton, Kerry D. Lee
Capital Pretrial Motions: Added Dimensions, Thomas W. Plimpton, Kerry D. Lee
Capital Defense Journal
No abstract provided.
Introduction, William S. Geimer
Where Do We Go From Here? - Post-Conviction Review Of Death Sentences, Juliette A. Falkner
Where Do We Go From Here? - Post-Conviction Review Of Death Sentences, Juliette A. Falkner
Capital Defense Journal
No abstract provided.
Use Of The "Zola Plea" In New Jersey Capital Prosecutions, J Thomas Sullivan
Use Of The "Zola Plea" In New Jersey Capital Prosecutions, J Thomas Sullivan
Law Faculty Scholarship
No abstract provided.
Redefining A Culpable Mental State For Non-Triggermen Facing The Death Penalty, James J. Holman
Redefining A Culpable Mental State For Non-Triggermen Facing The Death Penalty, James J. Holman
Villanova Law Review (1956 - )
No abstract provided.