Statute
Sixth Amendment
421 published works
EvidenceProf Blog
Are You Available: Per Curiam Supreme Court Opinion Addresses Confrontation Clause Unavailability Question
By Colin Miller
In Crawford v. Washington, 541 U.S. 36 (2004), the Supreme Court found that that the Confrontation Clause of the U.S. Constitution is violated when hearsay is "testimonial," admitted against a criminal…
Ohio Appellate Insights
In Sharper Focus: Understanding the Constitutional Challenges to Ohio’s Serious Youthful Offender Statute
Update: Read an analysis of the merit decision in the J.V. case here. Ohio’s Serious Youthful Offender statute works like this. The statute allows for a “blended” sentence, which is…
Sentencing Law and Policy
SCOTUS to decide whetherApprendiapplies to criminal fines viaSouthern Union
Main November 28, 2011SCOTUS to decide whether Apprendi applies to criminal fines via Southern UnionSentencing fans have their SCOTUS cups running over this morning: in addition to the cert grants…
Sentencing Law and Policy
“Court reluctant on plea bargains after sentencing”
Main October 31, 2011"Court reluctant on plea bargains after sentencing"The title of this post is the headline of this AP report on the oral arguments today in the big Sixth…
Sentencing Law and Policy
Scary hard cases confronting bad plea advice, prejudice and Sixth Amendment remedies
Main October 31, 2011Scary hard cases confronting bad plea advice, prejudice and Sixth Amendment remediesAs previously noted in this week in preview, this morning the US Supreme Court will hear…
Sentencing Law and Policy
Arkansas Supreme Court applies Confrontation Clause tojurysentencing proceeding
Main October 13, 2011Arkansas Supreme Court applies Confrontation Clause to jury sentencing proceedingAs detailed in this local press report, a "defendant who has pleaded guilty to a crime does not…
Sentencing Law and Policy
New ACS issue brief on “right to counsel” cases this SCOTUS term
Main October 4, 2011New ACS issue brief on "right to counsel" cases this SCOTUS termVia e-mail, I got this alert from the fols at ACS about this new Issue Brief:…
Sentencing Law and Policy
SCOTUS back to work, with lots of crime (but not much punishment) on the docket
Main October 3, 2011SCOTUS back to work, with lots of crime (but not much punishment) on the docketThe buzz about the Supreme Court's new Term, which officially kicks off this…
Sentencing Law and Policy
“Evolving Standards of Reasonableness: The ABA Standards and the Right to Counsel in Plea Negotiations”
Main September 29, 2011"Evolving Standards of Reasonableness: The ABA Standards and the Right to Counsel in Plea Negotiations"The title of this post is the title of this timely new paper…
Idaho Criminal Defense Blog
Just One Tool – Protecting Your Sixth Amendment Rights
The Sixth Amendment to the Constitution provides you with many of your most important tools at trial. It is intended to guarantee a fair trial to every person accused of…