Statute
Sixth Amendment
421 published works
Sentencing Law and Policy
“Padilla v. Kentuckyand the Evolving Right to Deportation Counsel: Watershed or Work-in-Progress?”
Main September 7, 2011"Padilla v. Kentucky and the Evolving Right to Deportation Counsel: Watershed or Work-in-Progress?" The title of this post is the title of this new article by Professor…
Ohio Appellate Insights
More On Confronting Your Accuser
The Sixth Amendment to the U.S. Constitution gives the accused in criminal cases the right to confront witnesses against them. The U.S. Supreme Court has written a series of cases…
Supreme Court Update
Davis v. United States (09-11328), Bullcoming v. New Mexico (09-10876), CSX Transportation, Inc. v. McBride (10-235) and Order List
By Kim Rinehart
Greetings, Court fans! Our last Update for the Term will cover Davis v. United States (09-11328), holding that searches conducted in reasonable reliance on binding appellate precedent are not subject…
Ohio Appellate Insights
Should A “Deadbeat Dad” get a Court-Appointed Lawyer Before Being Jailed for Non-Support
The Sixth Amendment to the U.S. Constitution provides that in a criminal trial the accused has the right to the assistance of a lawyer. And we all know from listening…
Sentencing Law and Policy
“Collateral Consequences afterPadilla v. Kentucky: From Punishment to Regulation”
Main July 13, 2011"Collateral Consequences after Padilla v. Kentucky: From Punishment to Regulation"The title of this post is the title of this important new piece available via SSRN by Margaret…
Sentencing Law and Policy
Defendant wins inBullcoming, the latest (greatest?) SCOTUS Confrontation Clause case
Main June 23, 2011Defendant wins in Bullcoming, the latest (greatest?) SCOTUS Confrontation Clause caseIn part because the Confrontation Clause has been deemed inapplicable at sentencing, I have not followed too…
Sentencing Law and Policy
Montana murder defendant raisingRingchallenge to state’s death penalty
Main June 4, 2011Montana murder defendant raising Ring challenge to state's death penaltyAs detailed in this local article, which is headlined "Tyler Miller murder case: Attorneys challenge death penalty," the…
EvidenceProf Blog
Article of Interest: Laura Appleman’s The Plea Jury
By Colin Miller
Recently, I read an interesting opinion by the District of Columbia Court of Appeals, Barrows v. United States, 15 A.3d 673 (D.C. 2011) (Download Barrows Opinion). In Barrows, the trial court,…
Sentencing Law and Policy
“The Community Right to Counsel”
Main May 10, 2011"The Community Right to Counsel" The title of this post is the title of this notable new paper by Laura Appleman, now available via SSRN. Here is…
The Faculty Lounge
How to improve guilty pleas
As some of you may know, some of my writing has focused on the Sixth Amendment jury trial right and how this plays out with our system of guilty pleas.…