Statute
Sixth Amendment
421 published works
Sentencing Law and Policy
SCOTUS recognizes ineffective-assistance claims in Lafler and Frye!
Main March 21, 2012SCOTUS recognizes ineffective-assistance claims in Lafler and Frye![by Stephanos Bibas]As Doug is off romping at LegoLand, I'll have to do my best impression of how he would…
Sentencing Law and Policy
In 5-4 split, Justice Kennedy give defendants right to counsel wins inLaflerandFrye
Main March 21, 2012In 5-4 split, Justice Kennedy give defendants right to counsel wins in Lafler and FryeI am on the road and thus forced to phone-blog to report today's…
Sentencing Law and Policy
Via narrow 7-2 ruling for defendant, SCOTUS dodges Sixth Amendment issue inMartinez v. Ryan
Main March 20, 2012Via narrow 7-2 ruling for defendant, SCOTUS dodges Sixth Amendment issue in Martinez v. RyanIn an apparent (and reasonable?) effort to avoid a major constitutional ruling concerning…
Sentencing Law and Policy
Could and should defendants and their attorneys seek to “crash” justice system by demanding trials?
Main March 11, 2012Could and should defendants and their attorneys seek to "crash" justice system by demanding trials?The question in the title of this post is prompted by this provocative…
Sentencing Law and Policy
How might newer Justices take onApprendijurisprudence inSouthern Union?
Main March 9, 2012How might newer Justices take on Apprendi jurisprudence in Southern Union?A helpful e-mail from a reader reminded me that I have not blogged enough about the exciting…
Civil Procedure & Federal Courts Blog
Thomas on Nonincorporation
By Civil Procedure & Federal Courts Blog
Prof. Suja Thomas (Illinois) has posted on SSRN a draft of her article Nonincorporation. Here’s the abstract:Very few rights in the Bill of Rights have not been incorporated against the…
Sentencing Law and Policy
Some notable new commentary onPadilla
Main February 2, 2012Some notable new commentary on Padilla Thanks to SSRN, I came across these two notable new piece discussing the implcations of the Supreme Court's important Sixth Amendment…
Sentencing Law and Policy
Top-side brief inSouthern Unionexplains why Sixth AmendmentApprendirule applies to fines
Main January 17, 2012Top-side brief in Southern Union explains why Sixth Amendment Apprendi rule applies to finesAll Apprendi/Blakely fans (and, for that matter, all Apprendi/Blakely haters) will want to check…
Sentencing Law and Policy
When and how willPadillaretroactivity issues get to SCOTUS?
Main January 12, 2012When and how will Padilla retroactivity issues get to SCOTUS?The question in the title of this post flows from this effective story by Michelle Olsen at Appellate…
EvidenceProf Blog
E Tu, Bruton?: Supreme Court Of Nevada Finds Bruton Doctrine Doesn’t Cover Nontestimonial Hearsay
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,…