Statute
Sixth Amendment
421 published works
Sentencing Law and Policy
Top DC court holds that threat of deportation, combined with jail time, sufficient to trigger Sixth Amendment right to jury trial
Main July 9, 2018Top DC court holds that threat of deportation, combined with jail time, sufficient to trigger Sixth Amendment right to jury trial With the excitement of the ending…
Sentencing Law and Policy
Might Justice Kennedy’s retirement lead to defendants having stronger Sixth Amendment rights underApprendiandBlakely?
Main July 2, 2018Might Justice Kennedy's retirement lead to defendants having stronger Sixth Amendment rights under Apprendi and Blakely?As hard core sentencing fans know, Justice Anthony Kennedy has been a…
Sentencing Law and Policy
“GideonIncarcerated: Access to Counsel in Pre-Trial Detention”
Main June 22, 2018"Gideon Incarcerated: Access to Counsel in Pre-Trial Detention"The title of this post is the title of this new article authored by Johanna Kalb now available via SSRN.…
Sentencing Law and Policy
Split Michigan Supreme Court rejects Sixth Amendment challenge to state’s new juve LWOP statute
Main June 21, 2018Split Michigan Supreme Court rejects Sixth Amendment challenge to state's new juve LWOP statuteRuling 4-2, the Michigan Supreme Court issued a lengthy opinion yesterday upholding the procedures…
PrawfsBlawg
Prospective Enforcement of the Right to Effective Assistance of Counsel
Main Wednesday, May 23, 2018Prospective Enforcement of the Right to Effective Assistance of CounselThis post is part of a series (see here, here, and here) exploring how prejudice rules affect…
PrawfsBlawg
Redefining Strickland Prejudice after Weaver v. Massachusetts
Main Tuesday, May 22, 2018Redefining Strickland Prejudice after Weaver v. MassachusettsAt the Harvard Law Review Blog, Eve Brensike Primus and I posted a short piece about the Sixth Amendment right…
Supreme Court Update
Oil States Energy Services v. Greene’s Energy Group (16-712), SAS Institute v. Iancu (16-969)
By Kim Rinehart, Tadhg Dooley, David R. Roth
As we forecast last week, the downpour has commenced. The Court released five new decisions yesterday morning, including one of the most anticipated of the term, Murphy v. NCAA (No.…
The Faculty Lounge
Justice Ginsburg Gets It Right — And Justice Alito Gets It Wrong — In McCoy v. Louisiana
Here is how Justice Ginsburg concluded her majority opinion in McCoy v. Louisiana, decided yesterday by SCOTUS: Larry English was placed in a difficult position; he had an unruly client…
Sentencing Law and Policy
Among lots of CJ work, SCOTUS finds capital defendant’s Sixth Amendment rights violated by counsel’s unauthorized concession of guilt
Main May 14, 2018Among lots of CJ work, SCOTUS finds capital defendant's Sixth Amendment rights violated by counsel's unauthorized concession of guilt The US Supreme Court got back to business…
PrawfsBlawg
Prejudice, Legal Realism, and the Right/Remedy Relationship
Main Wednesday, May 09, 2018Prejudice, Legal Realism, and the Right/Remedy RelationshipLast week, I sketched the contours of a criminal procedure puzzle that’s been on my mind lately. To briefly recap,…