Statute
Sixth Amendment
421 published works
Sentencing Law and Policy
Pondering a response to protection of juve trial rights
Main July 1, 2008Pondering a response to protection of juve trial rightsAs detailed in this post, a few weeks ago the Kansas Supreme Court held In the matter of LM,…
EvidenceProf Blog
Forfeit Victory, Take 10: Giles Opinion Reveals That “Testimonial” Dying Declarations Don’t Violate The Confrontation Clause
By Colin Miller
While the Supreme Court's opinion last week in Giles v. California was primarily focused upon the forfeiture by wrongdoing doctrine, it also clarified that even "testimonial" dying declarations are not…
EvidenceProf Blog
Forfeit Victory, Take 7: Supreme Court Vacates Giles, With Key Analysis In a Footnote
By Colin Miller
The Supreme Court issued its opinion in Giles v. California today. Justice Scalia wrote the majority opinion, which vacated and remanded the judgment of the Supreme Court of California. In…
Sentencing Law and Policy
IsBlakelyshowing its age as it turns four?
Main June 24, 2008Is Blakely showing its age as it turns four?Today marks the four-year anniversary of the Supreme Court's profoundly important constitutional ruling in Blakely v. Washington. Its jurisprudential…
Sentencing Law and Policy
Supreme Court vacates inGreenlawandRothgery
Main June 23, 2008Supreme Court vacates in Greenlaw and RothgeryHere's an early report from SCOTUSblog on the two criminal justice opinions released by the Supreme Court this morning: The Court…
Sentencing Law and Policy
Juve crime, adult punishment and now … adult trial rights in Kansas
Main June 22, 2008Juve crime, adult punishment and now ... adult trial rights in KansasThanks to this post at How Appealing, I sse that the Kansas Supreme Court on Friday…
Sentencing Law and Policy
Hard times making it hard to run our criminal justice system
Main June 14, 2008Hard times making it hard to run our criminal justice systemFrom ABC News comes this interesting article, headlined "Facing 'Crisis,' Public Defenders May Refuse Cases — Constitutional…
Sentencing Law and Policy
A day to focus on an execution and politics
Main May 6, 2008A day to focus on an execution and politicsWhile most of the media and political world will be focused on voting in Indiana and North Carolina, this…
Sentencing Law and Policy
Notable DC Circuit ruling on Fifth and Sixth Amendment rights
Main April 14, 2008Notable DC Circuit ruling on Fifth and Sixth Amendment rightsA busy schedule kept me from noticing an interesting opinion by the DC Circuit late last week in…
Sentencing Law and Policy
Thoughtful thoughts on Judge Weinstein’s work inPolizzi
Main April 7, 2008Thoughtful thoughts on Judge Weinstein's work in PolizziOver at Volokh, Orin Kerr has this extended discussion of Judge Weinstein's very extended Polizzi opinion (basics here and here),…