Statute
Sixth Amendment
421 published works
Sentencing Law and Policy
“Unequal Assistance of Counsel”
Main September 15, 2015"Unequal Assistance of Counsel"The title of this post is the title of this notable new paper by Peter Joy now available via SSRN. Here is the abstract:…
Sentencing Law and Policy
DOJ files amicus brief in PA Supreme Court supporting prosepctive “constructive denial of counsel claims”
Main September 11, 2015DOJ files amicus brief in PA Supreme Court supporting prosepctive "constructive denial of counsel claims"As reported in this press release, the US "Department of Justice has filed…
Sentencing Law and Policy
Split Michigan appeals court finds juve has Sixth Amendment right to jury findings for LWOP sentence
Main August 21, 2015Split Michigan appeals court finds juve has Sixth Amendment right to jury findings for LWOP sentence Thanks to a few helpful readers, I learned about a very…
Education Law Prof Blog
Supreme Court Rules that Non-testifying Witness’ Statements to Teachers Are Admissible at Trial
The Supreme Court decided Ohio v. Clark last week, a case that we discussed earlier in the summer here, holding that a three-year-old's statements to his preschool teachers that his…
Sentencing Law and Policy
“Jury Sentencing and Juveniles: Eighth Amendment Limits and Sixth Amendment Rights”
Main June 20, 2015"Jury Sentencing and Juveniles: Eighth Amendment Limits and Sixth Amendment Rights"The title of this post is the title of this interesting and important new article by Sarah…
Sentencing Law and Policy
SCOTUS narrows reach of Confrontation Clause viaOhio v. Clark
Main June 18, 2015SCOTUS narrows reach of Confrontation Clause via Ohio v. ClarkThe US Supreme Court has just handed down its opinion in the state criminal case of Ohio v.…
Sentencing Law and Policy
What is SCOTUS reviewing inHurstas it considers Florida’s capital sentencing process?
Main March 9, 2015What is SCOTUS reviewing in Hurst as it considers Florida's capital sentencing process?As noted in this post, this morning the US Supreme Court today finally decided to…
Sentencing Law and Policy
SCOTUS finally takes up whether Florida’s capital system is constitutional in light ofApprendiandRing
Main March 9, 2015SCOTUS finally takes up whether Florida's capital system is constitutional in light of Apprendi and RingOne big question that arose way back in 2000 when the Supreme…
Sentencing Law and Policy
Ohio Supreme Court finds multiple constitution flaws in mandatory sex offender sentencing process
Main February 11, 2015Ohio Supreme Court finds multiple constitution flaws in mandatory sex offender sentencing processThe Ohio Supreme Court this morning handed down an interesting constitutional ruling in Ohio v.…
Idaho Criminal Defense Blog
Panel Kills Public Defender Changes in Idaho – Don’t Blame the Defenders!
From the Idaho Statesman tonight: "Four years ago, a report from the National Legal Aid and Defender Association found that Idaho is violating its Sixth Amendment obligations to defendants. Public…