Yeager v. United States US SCT No. 08–67 (06/18/2009) Topic: Double Jeopardy – Partial Acquittal Summary: 1.) Where a defendant has been acquitted of some charges, any issue that is a fundamental part of the jury’s decision cannot be retried. 2.) Where a defendant has been acquitted of some charges, charges that a jury was unable to decide are not considered in determining whether double jeopardy applies....

Montejo v. Louisiana U.S. SCT 07-1529 (May 26, 2009) Topic: Right to Counsel – Miranda Rights – Custodial Interrogation Summary: In order for the right to counsel to be invoked, the defendant must proactively request a lawyer. The mere appointment of an attorney will not be sufficient unless the defendant asked for a lawyer. http://www.supremecourtus.gov/opinions/08pdf/07-1529.pdf Share this:Click to share on Facebook (Opens in new...

The United States Supreme Court has ruled that prosecutors may not use an identity theft law as a tool to prosecute immigrants who do not knowingly steal the identity of another person. In Flores-Figueroa v. United States, the defendant used a false social security number in order to gain employment. The defendant was convicted and sentenced under an identity theft law. The Supreme Court ruled that the defendant must intentionally use another...

Professor David Harris of the University of Pittsburgh has posted a commentary on the Supreme Court’s recent decision in Herring v. Unites States at the University of Pittsburgh Faculty Law Blog. Professor Harris, who is well known for his research on racial profiling, aptly summarizes the Herring decision’s effect on the Fourth Amendment rights of defendants. To read Professor Harris’ commentary, click the link below:...

In a unanimous decision, the United States Supreme Court held that the failure to report to jail does not constitute a violent offense under the Armed Career Criminal Act. For more information, go to: http://www.google.com/hostednews/ap/article/ALeqM5hbf8SRTasupe-UifaE8Mpmy4mZaAD95MBFFO0 http://www.supremecourtus.gov/opinions/08pdf/06-11206.pdf Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new...

Although three justices voted to review the case, the United States Supreme Court opted not to review Kelly v. California and Zamudia v. California. In the cases, the defendants argued that video scrapbooks with photos and home movies of victims violated their rights to a fair trial. In both cases, the state of California disagreed and affirmed the death penalty. The defendants believed that having the victim impact statements in such a medium...