Criminal Procedure Commons^™

Summary Of Winkle V. Warden, 127 Nev. Adv. Op. No. 42, Tim Mott

Nevada Supreme Court Summaries

Petitioner sought a writ of mandamus directing Respondents to release her to the 305 program based on the language of NRS 209.427 and 209.429.

Summary Of Saletta V. State, 127 Nev. Adv. Op. No. 34, Erin Elliot

Nevada Supreme Court Summaries

Appeal from a judgment of conviction by a criminal defendant convicted of indecent or obscene exposure.

Actual Innocence After Friedman V. Rehal: The Second Circuit Pursues A New Mechanism For Seeking Justice In Actual Innocence Cases, Jonathan M. Kirshbaum

Pace Law Review

No abstract provided.

An Illusory Right To Appeal: Substantial Constitutional Questions At The New York Court Of Appeals, Meredith R. Miller

Pace Law Review

No abstract provided.

State V. Jackson And The Explosion Of Liability For Felony Murder, Brian E. Brupbacher

Mercer Law Review

In The Discourses, Niccold Machiavelli wrote, "The dangers involved in conspiracies[] ... are considerable, and go on all the time, for in a conspiracy dangers crop up alike in forming the plot, in carrying it out, and as a result of its having been carried out."' Although by its context this remark refers to conspiracies to commit regicide and the problems these conspiracies pose to the conspirators, this remark well describes practical and legal problems that can result from conspiracies to commit felonies. In Georgia this is particularly true following the June 28, 2010 ruling in State v. Jackson …

United States V. Ubs Ag: Has The United States Successfully Cracked The Vault To Swiss Banking Secrecy?, Eric M. Victorson

Cardozo Journal of International and Comparative Law

The article examines the legal and diplomatic efforts of the United States to combat tax evasion by American citizens using Swiss bank accounts, focusing on the landmark case of United States v. UBS AG. It highlights how the U.S. successfully challenged Switzerland's banking secrecy laws through treaty revisions and legal actions, ultimately achieving greater transparency and setting a precedent for international tax enforcement.

The Kiyemba Paradox: Creating A Judicial Framework To Eradicate Indefinite, Unlawful Executive Detentions, Samuel Chow

Cardozo Journal of International and Comparative Law

The article examines the Supreme Court's evolving role in reviewing detentions related to national security, particularly focusing on the writ of habeas corpus. It argues that while the Court has expanded habeas protections, significant limitations remain, especially in ordering release into the United States. The author contends that for habeas to be meaningful, courts must have the authority to grant "functional release," balancing individual liberty against executive powers. The analysis highlights key cases like Boumediene v. Bush, Munaf v. Geren, and Kiyemba v. Obama, which reveal the challenges in preventing indefinite detentions and the need for clearer …

Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin

Faculty Scholarship

No abstract provided.

The Shadow Bargainers, Ronald F. Wright, Jenny Roberts, Betina Cutaia Wilkinson

Cardozo Law Review

Plea bargaining happens in almost every criminal case, yet there is little empirical study about what actually happens when prosecutors and defense lawyers negotiate. This Article looks into the bargaining part of plea bargaining. It reports on the responses of over 500 public defenders who participated in our nationwide survey about their objectives and practices during plea negotiations.

The survey responses create a rare empirical test of a major tenet of negotiation theory, the claim that attorneys bargain in the “shadow of the trial.” This is a theory that some defenders embrace and others reject. Describing the factors they believe …

Clemency For Our Children, Anthony C. Thompson

Cardozo Law Review

This Article proposes the use of the executive's clemency power to pardon or commute the sentences of a class of petitioners: children sentenced to life without the possibility of parole (LWOP). The history of executive clemency reveals that the intent behind this unique power was to offer the executive branch a final check in the criminal justice system to redress errors or to enhance fairness. The clemency power - exercised through pardons or commutations - allows the executive branch either to absolve individuals of wrongdoing given an assessment of the circumstances or to redress the relative disparity or undue severity …

Mitigating The Prosecutor's Dilemma In Light Of Melendez-Diaz: Live Two-Way Videoconferencing For Analysit Testimony Regarding Chemical Analysis, Amy Ma

Nevada Law Journal

No abstract provided.

Particularism, Telishment, And Three Strikes Laws, Michael S. Green

Popular Media

No abstract provided.

Staring Down The Sights At Mcdonald V. City Of Chicago: Why The Second Amendment Deserves The Kevlar Protection Of Strict Scrutiny, James J. Williamson Ii

Legislation and Policy Brief

In June of 2008, the Supreme Court handed down a landmark decision in District of Columbia v. Heller, declaring that a District of Columbia law prohibiting the possession of handguns in a private home for personal protection violated the Second Amendment of the Constitution.  Justice Scalia, writing for a 5-4 majority, recognized that the protections provided by the Second Amendment apply to individuals—not just “militias”—and emphatically declared that “the enshrinement of constitutional rights necessarily takes certain policy choices off the table.  These include the absolute prohibition of handguns held and used for self-defense in the home.”  After four years of …

Summary Of Rogers V. State, 127 Nev. Adv. Op. No. 25, Sean W. Mcdonald

Nevada Supreme Court Summaries

Appeal from judgment of conviction, pursuant to jury verdict, of driving under the influence of a controlled substance on grounds certain evidence was inadmissible.

Death Penalty Sentencing In Japan Under The Lay Assessor System: Avoiding The Avoidable Through Unanimity, Elizabeth M. Sher

Washington International Law Journal

The Lay Assessor Act of 2004 mandated the creation of a mixed lay judge system, called the saibanin seido. Under this new system, jurors, or lay judges, sit with professional judges to decide the fate of criminal defendants. The Lay Assessor Act requires lay judges to decide both the verdict and sentencing of defendants in the same sitting. The verdict and sentence require support from a majority of the jurors and must include one professional judge on the panel. For certain crimes in Japan, the death penalty is one possible sentence. Under the saibanin seido system, for the first …

To Plea Or Not To Plea: The Benefits Of Establishing An Institutionalized Plea Bargaining System In Japan, Priyanka Prakash

Washington International Law Journal

Plea bargaining, the practice that permits the prosecution and defense to negotiate reduced charges or a lighter sentence in exchange for the defendant’s guilty plea, is a bedrock component of the criminal justice system in many nations. The Japanese legal community, however, has resisted introducing plea bargaining into Japan’s legal system. From 2001 to 2004, the Japanese legislature passed over twenty reform laws to prepare the country’s criminal justice system for the demands of the twenty-first century, but provisions for plea bargaining were conspicuously absent from the reform package. This is largely because the Japanese legal community views plea bargaining …

The Police Gamesmanship Dilemma, Mary D. Fan

Articles

Police gamesmanship poses a recurring regulatory challenge for constitutional criminal procedure, leading to zigzags and murky zones in the law such as the recent rule shifts regarding searches incident to arrest and interrogation. Police gamesmanship in the “competitive enterprise of ferreting out crime” involves tactics that press on blind spots, blurry regions or gaps in rules and remedies, undermining the purpose of the protections. Currently, courts generally avoid peering into the Pandora’s Box of police stratagems unless the circumvention of a protection becomes too obvious to ignore and requires a stopgap rule-patch that further complicates the maze of criminal procedure. …

Mcdonald's Other Right, Samuel L. Wiseman

Scholarly Publications

No abstract provided.

Summary Of Nevada Ex. Rel Bd. Of Parole Comm’Rs V. Morrow, 127 Nev. Adv. Op. No. 61, Danielle Woodrum

Nevada Supreme Court Summaries

An appeal from a district court order clarifying a judgment granting a writ of mandamus, and a proper person appeal from a district court order granting a motion to dismiss

Summary Of Hobbs V. State, 127 Nev. Adv. Op. No. 18, Christopher Scott Connell

Nevada Supreme Court Summaries

An appeal from a judgment of conviction, by way of jury verdict, for battery and injury to other property.