BriefLaw: Yeager v. United States

Posted by on Jun 22, 2009 in Case Law Summaries, Double Jeopardy, Supreme Court |

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....

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BriefLaw: Montejo v. Louisiana

Posted by on May 28, 2009 in Case Law Summaries, Supreme Court |

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...

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In the News: Identity-theft law cannot be used for immigration law prosecution

Posted by on May 5, 2009 in Criminal Law and Immigration Issues, Identity Theft, Supreme Court |

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...

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Other Blogs: University of Pittsburgh Faculty Law Blog "David Harris Comments on Herring v. United States"

Posted by on Jan 20, 2009 in Other Blogs, Search and Seizure, Supreme Court |

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:...

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In the News: Supreme Court limits definition of violent crime

Posted by on Jan 14, 2009 in Supreme Court |

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...

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In the News: Supreme Court declines review of video impact statement case

Posted by on Nov 11, 2008 in Supreme Court |

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...

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