Statute
Sixth Amendment
421 published works
Sentencing Law and Policy
In final order list of Term, Supreme Court grants cert on big new Second Amendment case and denies/punts cert on acquitted conduct cases
While the rest of the legal world is still processing the final sets of big SCOTUS opinions as it completed handed down opinion in argued cases from OT 22, the…
PrawfsBlawg
Fraud at Harvard Business School?
Main Monday, June 26, 2023Fraud at Harvard Business School?The Chronicle of Higher Education has published a long article on the case of Harvard Business School Professor Francesca Gino, who has…
Other
By 6-3 vote, SCOTUS rejects Confrontation Clause claim against admission of nontestifying codefendant’s confession
The Supreme Court this morning issued one of its very few constitutional criminal procedures with a decision in Samia v. US, No. 22–196 (S. Ct. June 23, 2023) (available here).…
Legal Talk Network
Falsely Accused: The Brian Banks Story
By Paige Locke
In 2002, Brian Banks was a 17-year-old high school football star with a promising future ahead of him. Unfortunately, his life took a drastic turn when he was falsely accused…
Lawline Blog
Why is the Sixth Amendment so Important?
By sarah-millslawline-com-lawline-staff-writer
The Sixth Amendment of the United States Constitution guarantees several fundamental rights to anyone accused of a crime. These rights include a speedy and public trial, an impartial jury, the…
Criminal
Brief dissent from the denial of cert on plea ineffectiveness from Justice Jackson
This morning's Supreme Court order list, which comes after the Justices were off for nearly a month, had no cert grants and had lots and lots and lots of cert…
Sentencing Law and Policy
SCOTUS grants cert review on two more criminal cases
Yesterday the US Supreme court issued this new order list to continue to fill out its relatively fallow docket. Two of the three new cases the Supreme Court has decided…
Simple Justice
Twelve, Neither More Nor Less
Why twelve? Why not 14 or 10? It’s not an unfair question but for the fact that a number existed at the time the Bill of Rights was ratified that…
On Point
Defense win! COA orders Machner hearing on Confrontation Clause claim
By Wisconsin State Public Defender
State v. Darrell K. Smith, 2021AP72-CR, 9/20/22, District 1 (not recommended for publication); case activity (including briefs) A jury convicted Smith of 2nd degree sexual assault of A.B. He argued…
Paul W. Mollica Federal Courts Blog
Ninth Circuit Vacates Conviction Because District Court’s COVID-19 Precautions, Which Prevented Any Video Streaming, Deprived the Defendant of a Sixth Amendment Public Trial
In United States v. Allen, No. 21-10060 (9th Cir. May 16, 2022), the Ninth Circuit holds that a district court’s COVID-19 precautions that denied the public streamed hearings of a…