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Sixth Amendment
421 published works
ImmigrationProf Blog
Immigration Article of the Day: A Game-Changer? The Impact of Padilla v. Kentucky on the Collateral Consequences Rule and Ineffective Assistance of Counsel Claims by Joanna Rosenberg
A Game-Changer? The Impact of Padilla v. Kentucky on the Collateral Consequences Rule and Ineffective Assistance of Counsel Claims by Joanna RosenbergFordham University School of LawJanuary 11, 2013Fordham Law Review,…
Sentencing Law and Policy
Judicial Conference writes to Prez Obama about crisis in funding court operations
Main September 12, 2013Judicial Conference writes to Prez Obama about crisis in funding court operations As reported via this Politico story, headlined "Judiciary sends Obama budget plea," the Judicial Conference…
ImmigrationProf Blog
Immigration Article of the Day: Teague New Rules Must Apply in Initial-Review Collateral Proceedings: The Teachings of Padilla, Chaidez and Martinez by Rebecca A. Sharpless and Andrew Stanton
Teague New Rules Must Apply in Initial-Review Collateral Proceedings: The Teachings of Padilla, Chaidez and Martinezby Rebecca A. Sharpless University of Miami - School of Lawand Andrew Stanton Office of…
Sentencing Law and Policy
Are 12AlleyneGVRs (including one from Kansas) a sign of big Sixth Amendment things to come?
Main June 24, 2013Are 12 Alleyne GVRs (including one from Kansas) a sign of big Sixth Amendment things to come?Busy on various fronts, I have not yet had time to…
Supreme Court Update
Alleyne v. United States (11-9335) and Salinas v. Texas (12-246)
By Kim Rinehart
As promised, we're back with the other two decisions from Monday: Alleyne v. United States (11-9335), overruling Harris v. United States (2002) and holding that facts that increase the mandatory…
Sentencing Law and Policy
Per Justice Thomas in 5-4 SCOTUS split,Alleyneextends Sixth Amendment to findings triggering mandatory minimums
Main June 17, 2013Per Justice Thomas in 5-4 SCOTUS split, Alleyne extends Sixth Amendment to findings triggering mandatory minimums Big news from SCOTUS today for sentencing fans, with this (abridged)…
Sentencing Law and Policy
With two opinion days this week, any predictions on coming SCOTUS sentencing decisions?
Main June 10, 2013With two opinion days this week, any predictions on coming SCOTUS sentencing decisions?The fine folks at SCOTUSblog report that we will be getting opinions in argued cases…
Sentencing Law and Policy
Eighth Circuit panel discusses of public trial rights at sentencing
Main April 23, 2013Eighth Circuit panel discusses of public trial rights at sentencingA panel of the Eighth Circuit provides a pair of interesting opinions in US v. Thompson, No. 12-1673…
Sentencing Law and Policy
“Can Constitutional Rights Be Sequestered?”
Main April 10, 2013"Can Constitutional Rights Be Sequestered?" The title of this post is the headline of this notable and potent new commentary appearing today in the New York Law…
Sentencing Law and Policy
“Toward a Common Law of Plea Bargaining”
Main March 29, 2013"Toward a Common Law of Plea Bargaining" The title of this post is the title of this notable new article by Wesley Oliver available via SSRN. Here…