Case Law Summaries, Double Jeopardy, Supreme Court
Yeager v. United States US SCT No. 08–67 (06/18/2009)Topic: Double Jeopardy – Partial AcquittalSummary: 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...
Case Law Summaries, Supreme Court
Montejo v. Louisiana U.S. SCT 07-1529 (May 26, 2009)Topic: Right to Counsel – Miranda Rights – Custodial InterrogationSummary: In order for the right to counsel to be invoked, the defendant must proactively request a lawyer. The mere appointment of an...
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...
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...