I. INTRODUCTION In Kyles v. Whitley, (1) the Supreme Court granted certiorari to determine whether police misconduct resulted in an innocent man's conviction and death sentence. Kyles claimed that, contrary to the findings of lower courts, the...
I. INTRODUCTION In Witte v. United States,(1) the Supreme Court held that where the legislature has authorized a particular punishment range for a given crime, a sentence within that range constitutes punishment only for the convicted offense...
INTRODUCTION In Harns v. Alabama, the United States Supreme Court upheld the constitutionality of the Alabama capital sentencing scheme.(1) Chief among the provisions of the sentencing scheme is that the jury issues an advisory sentence which...
I. INTRODUCTION In Arizona v. Evans,(1) the United States Supreme Court held that the exclusionary rule does not apply where an unlawful search is the result of a clerical error by a court employee.(2) The Court reasoned that the exclusionary...
A wiser course than judicial legislation, I submit, is simply to adopt a literal, reasonable construction of the text that Congress drafted.(1) One of the striking features of the criminal law is the accelerating "federalization" of prosecutions....
I. INTRODUCTION In Wilson v. Arkansas,(1) the United States Supreme Court addressed the question of whether an unannounced entry by police armed with a search warrant violates the Fourth Amendment.(2) This question had been left unanswered for...
I. INTRODUCTION In Schlup v. Delo,(1) the United States Supreme Court addressed Lloyd E. Schlup, Jr.'s petition for the federal writ of habeas corpus. Schlup, an inmate on Missouri's deathrow, presented new evidence indicating that he was actually...
I. INTRODUCTION In United States v. X-Citement Video, Inc.,(1) the United States Supreme Court held that [sections] 2252,(2) a statute criminalizing the distribution of child pornography, required the government to prove that a distributor had...
I. INTRODUCTION In Vernonia Sch. Dist. 47J v. Acton,(1) the United States Supreme Court addressed whether a school district could impose random and suspicionless urinalysis drug testing on high school student athletes. The Court held that such...
I. INTRODUCTION America's children are at war and the school yard is the battlefield. During 1990 alone, nearly 4,200 teenagers were killed by guns.(1) Not including accidental deaths and suicides, it is expected that 120 American children under...
I. Introduction In United States v. Aguilar,(1) the United States Supreme Court ruled on questions regarding the limits of the Omnibus Clause of 18 U.S.C. [sections] 1503,(2) which prohibits a person from endeavoring to obstruct or impede the...
I. INTRODUCTION In United States v. Mezzanatto,(1)the United States Supreme Court held that a criminal defendant could waive his right to the plea-statement exclusionary provisions embodied in Federal Rule of Evidence 410(2) and Federal Rule...