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Category: Criminal Justice Reform | Prosecutorial Misconduct | SCOTUS
Curtis Flowers was tried six times for the murders of four people in the small northern Mississippi town of Winona. The murders at the local Tardy Furniture Store occurred on July 16, 1996. The 26-year-old African-American Flowers was arrested for…
Category: Appeals | Death Penalty | SCOTUS
Defending a person charged in a serious criminal case, under the best of circumstances, is a difficult task and an extraordinary professional responsibility. Defending a death penalty case under any circumstance is much more arduous and requires years of commitment…
Category: Constitutional Law | SCOTUS
As we pointed out in a March 2019 post, the Framers of this nation’s Constitution expressly recognized the fundamental right to a trial by jury by its inclusion in the Sixth Amendment. The intent of the Framers that a jury…
Category: Constitutional Law | SCOTUS
On April 6, 2020, the U.S. Supreme Court issued an 8-1 opinion by Justice Clarence Thomas that gives law enforcement greater discretionary latitude in stopping motor vehicles.
On April 28, 2016, Deputy Mark Mehrer was on routine patrol when he…
“The most sacred of the duties of a government is to do equal and impartial justice to all its citizens,” the third president of the United States wrote nearly two hundred and fifty years ago.
Equal and impartial justice is…
Category: Constitutional Law | SCOTUS
Most people share the common misunderstanding that under our constitution a person cannot twice be put in jeopardy for the same offense. This legal concept is known as “double jeopardy.” The Double Jeopardy Clause is located in the Fifth…
Category: SCOTUS
“Is that presumption based on what we think was really going through Congress’s mind at the time or is it based on a constitutional overlay, because what was really going through Congress’s time [sic] in 1996 was harshness on this…
U.S. Supreme Court nominee Brett Kavanaugh’s September 27, 2018 appearance before the U.S. Senate Judiciary Committee has raised serious questions about his temperament to be a Justice on the highest court in the land.
Kavanaugh’s appearance before the…
In an overly simplistic analogy, Scholastic.com discussed the U.S. Supreme Court by saying it is “… like a referee on a football field. The Congress, the President, the state police, and other government officials are the players. Some can pass…
Category: Criminal Law | SCOTUS
Who controls the defense strategy in a criminal trial: the attorney or the defendant?
That is a question the U.S. Supreme Court will answer in its current term.
Normally, a defense attorney, once he or she accepts a…
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