Statute
Sixth Amendment
421 published works
Sentencing Law and Policy
Split Iowa Supreme Court finds Sixth Amendment jury trial rights apply to (unique?) state law restitution provision
A helpful reader made sure I saw the interesting ruling today from the Iowa Supreme Court in Iowa v. Davison, No. 20–0950 (Iowa Apr. 15, 2022) (available here). The start…
Paul W. Mollica Federal Courts Blog
Fifth Circuit Orders Hearing Into Whether Criminal Defendant Was Denied Sixth Amendment Rights When Her Lawyer Also Represented “Government’s Star Witness” Against Her
In United States v. Sheperd, No. 19-20073 (5th Cir. Mar. 8, 2022), the Fifth Circuit remands a case for a hearing about whether the defendant’s Sixth Amendment rights were violated…
White Collar Briefly
U.S. Supreme Court Rejects Argument That Defendant “Opened the Door” to Evidence That Violated Confrontation Clause
On January 20, 2022, the U.S. Supreme Court held in an 8-1 opinion in Hemphill v. New York that Darrell Hemphill did not “open the door” to the admission of out-of-court third-party…
White Collar Briefly
Supreme Court to Weigh Protections Under Confrontation Clause
The Sixth Amendment’s Confrontation Clause provides criminal defendants with the right to “confront”—i.e., cross-examine—the witnesses against them. But can a criminal defendant “open the door” to the admission of evidence…
Wisconsin Trial Lawyers Blog
Understanding Your Right to an Attorney in a Wisconsin Criminal Case
By GRGB Lawyers
By Attorney Cameron G. Weitzner and Paralegal Rachel A. Sweet Getting arrested or charged with a crime can be extremely frightening and stressful, and it may feel like you have nowhere to turn…
Simple Justice
Why Wouldn’t Ramos’ Unanimous Jury Requirement Be Retroactive?
When I first learned that Louisiana and Oregon allowed juries to return non-unanimous verdicts of guilty, I was shocked. It seemed inconceivable. After all, what was the point of a…
EvidenceProf Blog
Article of Interest: “The Modest Impact of the Modern Confrontation Clause,” by Jeffrey Bellin & Diana Bibb
By Colin Miller
Jeffrey Bellin (William & Mary) and Diana Bibb (William & Mary) have posted "The Modest Impact of the Modern Confrontation Clause" (Tennessee Law Review, forthcoming) on SSRN. Here is the…
White Collar Crime Prof Blog
Gideon Day & The Role of Public Defenders In White Collar Cases
By Ellen Podgor
Today, March 18, 2021, is the 68th birthday of the Supreme Court decision in Gideon v. Wainwright. Although Gideon marks the recognition of the Sixth Amendment right to counsel as…
Simple Justice
The Color of Gideon
When people argue about putting more public defenders and civil rights lawyers, black or women, on the bench, I wonder whether they have any clue how courts work. Do people…
Sentencing Law and Policy
"Black on Black Representation"
The title of this post is the title of this new article authored by Alexis Hoag now availble via SSRN. Here is its abstract: When it comes to combatting structural…