Criminal Procedure Commons^™

Pennsylvania V. Ritchie, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Press-Enterprise Co. V. Superior Court Of California For The County Of Riverside, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

New Mexico V. Earnest, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Inadi, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

Smith V. Murray, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Murray V. Carrier, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Criminal Procedure, Ronald J. Bacigal

Law Faculty Publications

This survey addresses only significant Virginia cases and statutes affecting Virginia criminal procedure. For discussion of the impact of federal court decisions, see R. Bacigal, Virginia Criminal Procedure (Supp. 1985).

Kentucky Law Survey: Criminal Procedure, William H. Fortune

Law Faculty Scholarly Articles

Many important criminal procedure cases were decided by the Kentucky appellate courts during the Survey period-too many to permit meaningful comment on each case. The author has selected those criminal procedure cases he feels are most significant and has not attempted to comment on penal code cases, most of which involve matters of criminal law.

The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi

Publications

No abstract provided.

The Wrongs Of Victim's Rights, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

The New Federalism In Criminal Procedure In 1984: Death Of The Phoenix?, Donald E. Wilkes Jr.

Scholarly Works

A decade has passed since my first article on the topic of new federalism in criminal procedure entitled, The New Federalism in Criminal Procedure: State Court Evasion of the Burger Court. This chapter takes a fresh look at the new federalism in criminal procedure in light of developments occurring since 1974.

The Prosecutorial Perspective: The Victim And Witness Protection Act Of 1982, William A. Kolibash

West Virginia Law Review

No abstract provided.

Kentucky Law Survey: Criminal Procedure, William H. Fortune, Sarah N. Welling

Law Faculty Scholarly Articles

Significant criminal procedure decisions of the Kentucky appellate courts for the period July 1, 1982 to July 1, 1983, have been selected for discussion in this Survey. Included in this survey is an extensive discussion of selected cases in the areas of warrants, competency of counsel, pretrial discovery of witness statements, venue, belated attacks on criminal convictions, and the right to talk to an attorney before taking a breathalyzer test.

The Federal Coconspirator Exception: Action, Assertion, And Hearsay, Christopher B. Mueller

Publications

No abstract provided.

The Sufficiency-Weight Distinction - A Matter Of Life Or Death, Michael Seward

University of Miami Law Review

No abstract provided.

Bowman V. Leverette: Retroactivity Of Criminal Procedure Decisions, Mary Sanders Richards, John Michael Hedges

West Virginia Law Review

No abstract provided.

Kentucky Law Survey: Criminal Procedure, William H. Fortune

Law Faculty Scholarly Articles

This Survey covers significant criminal procedure decisions of the Kentucky appellate courts for the period July 1, 1980, to July 1, 1982. It does not include cases construing the penal code or noteworthy decisions in the Kentucky law of evidence. The author has selected the most important criminal procedure cases for treatment in the text; a number of significant cases are summarized in footnotes.

The Metastasis Of Mail Fraud: The Continuing Story Of The Evolution Of A White-Collar Crime, John C. Coffee Jr.

Faculty Scholarship

Justice Cardozo observed that legal principles have a tendency to expand to the limits of their logic, and Judge Friendly has added the corollary that sometimes the expansionary momentum carries the principle even beyond those limits. So it has been with the recent growth in the federal mail fraud law, as courts have applied a standardized formula- known as the "intangible rights" doctrine- to a broad range of fact patterns having relatively little in common. The result has been both to extend the net of the federal criminal sanction over an extraordinarily vast terrain and to arm the federal prosecutor …

Pretrial Procedure Under The Massachusetts Rules Of Criminal Procedure, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

The Massachusetts Rules of Criminal Procedure became effective on July 1, 1979. While many of their provisions helpfully codify previously existing practice and case law, the Rules have in some areas effected a major transformation of criminal procedure. This article examines the changes wrought by the Rules in the pretrial arena, with emphasis on those areas that remain somewhat unfamiliar to the practitioner or untested against constitutional challenge in the courts. While the Rules appear to have done an admirable job of simplifying and rationalizing the criminal trial process, their emphasis on mutuality and reciprocity have in some cases created …

Kentucky Law Survey: Criminal Rules, William H. Fortune

Law Faculty Scholarly Articles

In May 1978 the Kentucky Supreme Court set up a Criminal Rules Revision Committee (Advisory Committee) to study Kentucky's Rules of Criminal Procedure. The purpose of the Advisory Committee was to make recommendations to the Judicial Council. The committee met sixteen times between July 1978 and July 1980, and at the conclusion of its study, submitted a comprehensive revision of the rules of criminal procedure to the judicial council. These proposed revisions went beyond mere amendment of the existing rules. The Advisory Committee drew heavily from the Federal Rules of Criminal Procedure, and ultimately proposed extensive changes in plea bargaining, …

Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag

Publications

No abstract provided.

Parallel Proceedings: The Impact Of Sec V. Dresser Industries, Inc.

Washington and Lee Law Review

No abstract provided.

Criminal Proceedings - Plea Bargaining, Scott W. Reid

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has held that an unconsummated plea agreement cannot be enforced absent detrimental reliance.

Virgin Islands v. Scotland, 614 F.2d 360 (3d Cir. 1980).

Recent Development, Constitutional Law: Protection Against Illegal Search And Seizure--Blackie's House Of Beef, Inc. V. Castillo, No. 79-1057 & 79-2358 (D.C. Cir. July 22, 1981), Stephen James Anaya

Publications

No abstract provided.

Prosecutorial Discovery: An Overview, Harry G. Deitzler, Susan Klimas, Walt Auvil

West Virginia Law Review

No abstract provided.

Criminal Trials In Absentia: A Proposed Reform For Indiana, Myra L. Willis

Indiana Law Journal

No abstract provided.

Constitutional Law - Eighth Amendment - Cruel And Unusual Punishment - Length Of Prison Sentences, Albert A. Torrence

Duquesne Law Review

The Supreme Court of the United States has held that a mandatory life sentence imposed under a state recidivist statute on a defendant convicted of three nonviolent felonies totaling $229 does not constitute cruel and unusual punishment

Rummel v. Estelle, 100 S. Ct. 1133 (1980).

"Your Papers, Please."—Is An Identification Requirement Constitutional?, John Mark Sullivan

Washington and Lee Law Review

No abstract provided.

Criminal Procedure In Alaska, Jeff M. Feldman

Articles

Two years ago this review published an article which reviewed search and seizure law in Alaska. Because the local barand bench seem to have found that article to be useful, it appeared worthwhile to put together a similar review of the remainder of Alaska's law of criminal procedure. Like its predecessor, this article will review and analyze the law of criminal procedure in Alaska, isolating those areas in which the Alaska Legislature or the Alaska Supreme Court has departed from the prevailing approach to procedure in criminal cases and predicting probable outcomes to procedural issues still unresolved in Alaska.

State V. Sobel, 363 So.2d 324 (Fla. 1978), Michael T. Webster

Florida State University Law Review

Constitutional Law-DUE PROCESS NOT VIOLATED BY STATE'S DESTRUCTION AND NONDISCLOSURE OF TAPE RECORDING IN CRIMINAL LAW