Statute
Sixth Amendment
421 published works
Sentencing Law and Policy
Detailing the Keystone State’s enduringAlleyneproblems
Main May 25, 2014Detailing the Keystone State's enduring Alleyne problemsThis local AP story from Pennsylvania, headlined "Supreme Court ruling snarls sentencing minimums," provides another review of the headaches that state…
Sentencing Law and Policy
“The Criminal Court Audience in a Post-Trial World”
Main March 18, 2014"The Criminal Court Audience in a Post-Trial World"The title of this post is the title of this interesting new article by Jocelyn Simonson available via SSRN. Here…
Notice of Appeal
The Sixth Amendment Guarantees Criminal Defendants A Right To Confront The Witnesses Against Them, But Not If The Defendant Intentionally Causes The Absence Of A Witness At Trial
A six-Justice majority of the Washington Supreme Court ruled in State v. Dobbs (No. 87472-7) that there was sufficient evidence that the defendant had forfeited his Sixth Amendment right to…
Sentencing Law and Policy
Via summary reversal, SCOTUS decides Alabama courts wrongfully rejected Sixth Amendment claim of death row defendant
Main February 24, 2014Via summary reversal, SCOTUS decides Alabama courts wrongfully rejected Sixth Amendment claim of death row defendantThough not yet garnering much attention, I think SCOTUS-watchers and especially capital…
Sentencing Law and Policy
“Disqualifying Defense Counsel: The Curse of the Sixth Amendment”
Main February 17, 2014"Disqualifying Defense Counsel: The Curse of the Sixth Amendment"The title of this post is the title of this intriguing new paper available via SSRN authored by Keith…
Sentencing Law and Policy
First Circuit rejects feds request for remand for a sentencing jury make finding to trigger mandatory term
Main February 5, 2014First Circuit rejects feds request for remand for a sentencing jury make finding to trigger mandatory termBoth Sixth Amendment fans and sentencing fans are going to want…
Civil Rights Law & Policy Blog
Disqualifying Defense Counsel: The Curse of the Sixth Amendment
The title of this post comes from this recent paper by Professor Keith Swisher, the abstract of which states: Lawyer disqualification — the process of ejecting a conflicted lawyer, firm, or…
EvidenceProf Blog
Pronoun Problem: Supreme Court of South Carolina Finds Pronoun Redaction Didn’t Solve Bruton Problem
By Colin Miller
The Confrontation Clause of the Sixth Amendment states thatIn all criminal prosecutions, the accused shall enjoy the right...to be confronted with the witnesses against him...Under the Bruton doctrine, the Confrontation Clause is violated, when,…
Notice of Appeal
Washington Court Starts to Count to Five, Stops at Four
In State v. Liu, a 5-4 majority on the Washington Suprme Court declared the the Confrontation Clause of the Sixth Amendment to the U.S. Constitution does not require that DNA tests…
Sentencing Law and Policy
Federal judge in Washington finds Sixth Amendment violations from cuts to local public defender programs
Main December 6, 2013Federal judge in Washington finds Sixth Amendment violations from cuts to local public defender programsAs reported in this AP piece, a pair of "Washington cities have systematically…