Statute
Sixth Amendment
421 published works
Sentencing Law and Policy
“Debacle: How the Supreme Court Has Mangled American Sentencing Law And How It Might Yet Be Mended”
Main September 10, 2009"Debacle: How the Supreme Court Has Mangled American Sentencing Law And How It Might Yet Be Mended" The title of this post is the title of this…
EvidenceProf Blog
Context Matters: Supreme Court Of Kentucky Finds Admission Of Statements To Provide Context Didn’t Violate Confrontation Clause
By Colin Miller
The Confrontation Clause of the Sixth Amendment provides that "[i]n all criminal prosecutions, the accused shall enjoy the right...to be confronted with the witnesses against him." And, in Crawford v. Washington, the Supreme Court essentially…
EvidenceProf Blog
Rescue 911: Appeals Court Of Massachusetts Finds 911 Call To Be Nontestimonial, Admissible
By Colin Miller
Under what circumstances can a 911 call made by a non-testifying declarant be admissible against a criminal defendant despite his Sixth Amendment rights under the Confrontation Clause? It is a question…
Sentencing Law and Policy
Notable Second Circuit ruling on problems with long-delayed sentencing
Main August 27, 2009Notable Second Circuit ruling on problems with long-delayed sentencingThe Second Circuit has an intriguing little sentencing ruling today in US v. Ray, No. 08-2795 (2d Cir. Aug.…
Sentencing Law and Policy
Ohio Supreme Court blesses retoractive application of its response toBlakely
Main July 28, 2009Ohio Supreme Court blesses retoractive application of its response to BlakelyAs detailed this official summary, the "Ohio Supreme Court on Tuesday upheld the constitutionality of a criminal…
EvidenceProf Blog
Confession(s) To Make: Florida Court Orders Separate Trials Of Former Football Players Based Upon Bruton Issues
By Colin Miller
In Bruton v. United States, 391 U.S. 123 (1968), the Supreme Court held that when there is a joint trial of a defendant and a co-defendant, the admission into evidence of…
Sentencing Law and Policy
Hoping criminal justice issues get attention in upcoming SCOTUS confirmation hearing
Main July 6, 2009Hoping criminal justice issues get attention in upcoming SCOTUS confirmation hearingThe National Law Journal has this new piece, headlined "A dozen themes frame Sotomayor hearing," that should…
EvidenceProf Blog
Chicken Little Or Canary In The Coal Mine?, Take 3: Could Briscoe v. Virginia Lead To An Immediate Overturning Of Melendez-Diaz?
By Colin Miller
Last week, I wrote a post about the Supreme Court's new opinion in Melendez-Diaz v.Massachusetts, in which it found in a 5-4 vote that certificates of state laboratory analysts were "testimonial" and thus…
Sentencing Law and Policy
En banc Sixth Circuit rejects ineffectiveness claim for failing to preserve Sixth Amendment claims pre-Booker
Main April 29, 2009En banc Sixth Circuit rejects ineffectiveness claim for failing to preserve Sixth Amendment claims pre-BookerRuling en banc, the Sixth Circuit today in Nichols v. US, No. 05-6452…
Sentencing Law and Policy
“Disentangling the Sixth Amendment”
Main April 9, 2009"Disentangling the Sixth Amendment"The title of this post is the title of this interesting-looking new piece by Sanjay Chhablani that I just noticed via SSRN. Here is…