Shrinking Gideon And Expanding
Alternatives To Lawyers,
2013
Washington and Lee University School of Law
Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas
Washington and Lee Law Review
No abstract provided.
Getting Real About Gideon: The Next
Fifty Years Of Enforcing The Right To
Counsel,
2013
Washington and Lee University School of Law
Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan
Washington and Lee Law Review
No abstract provided.
“Potential Innocence”: Making The Most
Of A Bleak Environment For Public
Support Of Indigent Defense,
2013
Washington and Lee University School of Law
“Potential Innocence”: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller
Washington and Lee Law Review
No abstract provided.
Lamentations, Celebrations, And
Innovations: Gideon At 50,
2013
Washington and Lee University School of Law
Lamentations, Celebrations, And Innovations: Gideon At 50, John D. King
Washington and Lee Law Review
No abstract provided.
The Miranda Warning,
2013
University of Washington School of Law
The Miranda Warning, Frederick Schauer
Washington Law Review
Largely as a consequence of American television and movies, Miranda v. Arizona may well be the most famous appellate case in the world. On the screen, innumerable actors playing American police officers give Miranda warnings to other actors playing suspects, a portrayal that reflects the reality of genuine police officers giving genuine Miranda warnings to genuine suspects millions of times every year. Indeed, such has been the influence of Miranda that Russian television cops give something like a Miranda warning to suspects even though no actual Russian law imposes such an obligation on real Russian cops. And it is said …
Validating The Right To Counsel,
2013
Washington and Lee University School of Law
Validating The Right To Counsel, Brandon L. Garrett
Washington and Lee Law Review
No abstract provided.
Gideon Was A Prisoner: On Criminal
Defense In A Time Of Mass
Incarceration,
2013
Washington and Lee University School of Law
Gideon Was A Prisoner: On Criminal Defense In A Time Of Mass Incarceration, Abbe Smith
Washington and Lee Law Review
No abstract provided.
Beyond Kent And Gault: Consensual Searches And Juveniles,
2013
Pepperdine University
Beyond Kent And Gault: Consensual Searches And Juveniles, Larry T. Pleiss
Pepperdine Law Review
No abstract provided.
Fare V. Michael C.: Juveniles And In Custodial Interrogations ,
2013
Pepperdine University
Fare V. Michael C.: Juveniles And In Custodial Interrogations , Gregory S. Chudacoff
Pepperdine Law Review
In the principal case, Fare v. Michael C., the United States Supreme Court rejects the position of the Supreme Court of California that a juvenile's request for the presence of his probation officer constitutes an invocation of the juvenile's right to remain silent within the meaning of the Miranda decision. The author examines the rationale applied by each court enroute to this split of opinion, and suggests a middle ground which would accommodate the concerns of both courts with respect to the protection of an accused juvenile at the custodial interrogation stage.
Juvenile Discovery: A Developing Trend And A Word Of Caution,
2013
Pepperdine University
Juvenile Discovery: A Developing Trend And A Word Of Caution, Diane Geraghty
Pepperdine Law Review
The use of discovery is acknowledged as essential to the efficient administration of justice and to the fairness of the adversary system in both civil and criminal proceedings. However, the juvenile court system has been slow to implement various means of discovery, largely as a result of the doctrine of parens patriae and the unique nature of the juvenile process. Although a discernible trend indicates acceptance of pretrial discovery, there has been considerable experimentation at decisional and statutory levels to develop procedurally protective discovery mechanisms. Professor Geraghty traces the use of discovery in juvenile proceedings and devotes particular attention to …
Amending For Justice’S Sake: Codified Disclosure Rule Needed To Provide Guidance To Prosecutor’S Duty To Disclose,
2013
University of Florida Levin College of Law
Amending For Justice’S Sake: Codified Disclosure Rule Needed To Provide Guidance To Prosecutor’S Duty To Disclose, Nathan A. Frazier
Florida Law Review
This Note argues for the implementation of bright-line rules to guide prosecutorial discretion. It urges a solution that identifies the salient facts from the case law and enumerates those facts into a codified Strickler three-prong standard. A bright-line standard should exist requiring disclosure when any of the following scenarios are present: (1) Prior perjury or false testimony of a government witness; (2) Promises of immunity to a government witness; (3) Monetary rewards to key government witnesses; (4) Mental impairments of a government witness; (5) Information reflecting bias or prejudice of a government witness against defendant; (6) Confessions to the crime …
Mackey V. Montrym: Clarification On A Matter Of Timing ,
2013
Pepperdine University
Mackey V. Montrym: Clarification On A Matter Of Timing , Alan J. Cohen
Pepperdine Law Review
No abstract provided.
Commonwealth Of Kentucky V. Whorton: The Erosion Of A Bastion Of The Law ,
2013
Pepperdine University
Commonwealth Of Kentucky V. Whorton: The Erosion Of A Bastion Of The Law , Robert C. Graham Iii
Pepperdine Law Review
No abstract provided.
The Government's Right To Appeal In Criminal Cases - A Procedural Question,
2013
Pepperdine University
The Government's Right To Appeal In Criminal Cases - A Procedural Question, Curtis L. Muncy
Pepperdine Law Review
No abstract provided.
California Adopts The Unproven Federal Minority View Of Entrapment ,
2013
Pepperdine University
California Adopts The Unproven Federal Minority View Of Entrapment , Steven D. Campen
Pepperdine Law Review
No abstract provided.
Full Court Press: The Imperial Judiciary Vs. The Paranoid Press ,
2013
Pepperdine University
Full Court Press: The Imperial Judiciary Vs. The Paranoid Press , Francis I. Dale, Mitchell W. Dale
Pepperdine Law Review
No abstract provided.
United States V. Salvucci: The Problematic Absence Of Automatic Standing,
2013
Pepperdine University
United States V. Salvucci: The Problematic Absence Of Automatic Standing, William C. Bollard
Pepperdine Law Review
The United States Supreme Court recently abolished the automatic standing rule in United States v. Salvucci. The author analyzes the difficulties created for the criminal defendant charged with a possessory crime. In particular, this note focuses on the inequitable position the defendant is placed in when his suppression hearing testimony is used as a tool to impeach subsequent testimony offered at trial. The author continues by pointing out that the "prosecutorial self-contradiction," sought to be abolished in Salvucci, remains a part of our present judicial system. In conclusion, the author offers several considerations that will necessarily be an integral part …
United States V. Henry: The Further Expansion Of The Criminal Defendant's Right To Counsel During Interrogations,
2013
Pepperdine University
United States V. Henry: The Further Expansion Of The Criminal Defendant's Right To Counsel During Interrogations, Kevin T. Kerr
Pepperdine Law Review
Despite the Burger Court's history of judicial conservatism, the Supreme Court in United States v. Henry exceeds the liberality of the Warren Court in the area of criminal defendant rights. The decision in Henry clearly provides further limitations upon the government's ability to conduct interrogations. The author examines the Court's factual and legal analysis of the case, emphasizes how the test established in Henry surpasses the rule promulgated in Massiah, and discusses the decision's impact as well as the curious turnabout of Chief Justice Burger.
Summary Of Blackburn V. State, 129 Nev. Adv. Op. 8,
2013
Nevada Law Journal
Summary Of Blackburn V. State, 129 Nev. Adv. Op. 8, Victoria Mullins
Nevada Supreme Court Summaries
An appeal addressing whether a psychological evaluation and risk assessment based on clinical judgment in addition to psychological tests comports with Nevada law, and whether the district court abused its discretion in accepting such an assessment when making a sentencing determination.
Summary Of Abdullah V. State, 129 Nev. Adv. Op. 7,
2013
Nevada Law Journal
Summary Of Abdullah V. State, 129 Nev. Adv. Op. 7, Miriam C. Meyer
Nevada Supreme Court Summaries
Appeal from a district court order denying a post-conviction petition for a writ of habeas corpus and addressing whether a district court clerk is authorized to prepare and file a notice of appeal on an appellant’s behalf.
