by Lea Bickerton | Jun 22, 2009 | 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...
by Lea Bickerton | May 28, 2009 | 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...
by Lea Bickerton | May 5, 2009 | 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...
by Lea Bickerton | Jan 20, 2009 | 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...
by Lea Bickerton | Jan 14, 2009 | 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...
by Lea Bickerton | Nov 11, 2008 | 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...
